STATE  OF  WISCONSIN 


Messages  to  the  Legislature 


AND 


Proclamations 


OF 


EMANUEL  L.  PHILIPP 

GOVERNOR,  1915-1921 


MILWAUKEE 

WISCONSIN  PRINTING  COMPANY 
1920 


UNIVERSITY  oi/  CAI.IFORNK 
SANTA  BAKBAIU 


I 

MESSAGES  TO  THE  LEGISLATURE 


I. 

MESSAGES  TO  THE  LEGISLATURE. 
1915  SESSION. 

Regular  Session  Began  January  13,  1915; 
Ended  August  24,  1915. 

Extraordinary  Session  Began  October  10,  1916; 
Ended  October  11,  1916. 

GOVERNOR'S  MESSAGE 

Madison,  January  14,  1915. 
To  the  Senate  and  Assembly: 

Pursuant  to  law  and  established  custom  I  submit  to  you  a  state- 
ment of  conditions  in  our  state  government  such  as  would  seem 
most  important  for  your  consideration  at  this  time.  The  printed 
reports  of  the  several  departments,  giving  detailed  information, 
will  be  submitted  to  you  without  delay. 

The  most  important  problem  that  confronts  us  at  this  time  is 
to  introduce  economies  in  the  management  of  our  state  affairs  that 
will  produce  substantial  reductions  in  state  expenditures  and  make 
a  reduction  in  state  taxes  possible.  The  people  demand  retrench- 
ment. 

In  the  year  1900  the  cost  of  the  state  government  reached  the 
sum  of  $4,000,000.  In  the  political  campaign  that  was  carried  on 
in  that  year  this  amount  was  claimed  to  be  excessive,  and  much 
criticism  was  indulged  in  by  the  press  and  from  the  stump  of  what 
was  termed  an  extravagant  use  of  the  public  funds.  Economies 
that  would  bring  about  a  substantial  reduction  in  expenditures 
were  promised.  However,  instead  of  reduction  there  has  been  a 
steady  increase  until  at  the  close  of  the  fiscal  year  1913-14  the 
state's  expenditures  had  reached  the  sum  of  $15,138,051.99. 

The  following  table  of  total  expenditures  for  the  period  in  ques- 
tion shows  the  large  and  steady  increase: 


6  MESSAGES  TO  THE  LEGISLATURE 

STATEMENT  OF  NET  EXPENDITURES  OF  THE  STATE  OF  WISCONSIN 
FOR  EACH  FISCAL  YEAR  ENDING  JUNE  30 : 

1903 $  6,046,565.06 

1904 5,855,446.80 

1905 6,349,800.94 

1906 6,793,912.53 

1907 '. 7,206,058.58 

1908 8,612,289.95 

1909 10,195,031.83 

1910 10,459,978.14 

1911 10,194,291.50 

1912 11,332,874.51 

1913 13,786,766.07 

1914 15,138,051.99 

These  vast  expenditures  are  partly  due  to  a  policy  of  expansion 
of  the  state's  activities  far  beyond  what  was  formerly  conceived  to 
be  the  proper  function  of  government,  to  a  lack  of  business  sys- 
tem in  organizing  these  activities,  and  to  the  further  fact  that  the 
legislatures  have  been  too  generous  in  their  appropriations  for  the 
support  of  the  several  public  institutions.  This,  together  with  the 
rapid  rise  in  local  taxes,  largely  affected  by  our  state  policy,  has 
created  a  demand  for  a  thorough  reconsideration  of  our  aims  and 
methods,  and  has  made  some  measure  of  relief  imperative. 

From  the  report  of  the  Tax  Commission,  which  I  now  have  be- 
fore me,  I  learn  that  the  total  amount  of  taxes  for  local  and  state 
government  for  the  fiscal  year  ending  June  30,  1914,  aggregates 
nearly  fifty-two  and  one-half  million  dollars.  The  following  table 
shows  the  amount  derived  from  each  source  classified  according  to 
the  system  of  taxation  which  produced  it : 

General   property   tax $41,596,960.00 

Corporation    taxes    8,437,906.00 

Income  tax    1,950,415.00 

Inheritance   tax    458,903.00 

Total $52,444,184.00 

These  figures  show  why  the  people  are  complaining  of  high  taxes 
and  are  clamoring  for  a  change  in  the  policies  that  have  produced 
such  enormous  expenditures.  The  results  of  the  recent  election 
justify  the  statement  that  there  is  a  general  demand  among  the 


SESSION  OF  1915  7 

people  for  a  Substantial  reduction  in  taxes,  and  I  regard  it  as  my 
plain  duty  to  recommend  to  you  a  policy  of  strict  economy. 

Public  institutions  that  have  been  the  recipients  of  too  liberal 
appropriations  may  not  be  willing  to  have  their  financial  support 
cut  down,  and  we  may  reasonably  expect  strong  opposition  to  any 
effort  to  inaugurate  a  financial  policy  that  will  conform  to  the  de- 
mands of  the  people.  However,  I  regard  my  election  as  governor 
as  a  contract  with  the  people  to  reduce  the  expenditures  of  the 
state  government  to  a  reasonable  basis,  and  I  propose  to  fulfill  that 
promise  so  far  as  it  is  within  the  power  of  the  executive  to  do  so. 

The  people  have  expressed  a  demand  for  a  closer  adherence  to 
constitutional  government,  and  to  the  use  of  sound  business  prin- 
ciples in  government.  This  demand  for  economy,  as  I  interpret 
it,  does  not  mean  that  we  should  oppose  those  things  that  make 
for  human  progress;  on  the  contrary,  successful  government,  like 
all  other  successful  institutions,  must  move  forward  and  increase 
its  usefulness  to  man.  The  people  of  Wisconsin  want  a  govern- 
ment that  is  humane  in  its  tendencies,  truly  progressive  and  re- 
sponsive to  the  demands  of  a  more  complex  civilization.  In  meet- 
ing these  demands,  however,  we  should  not  allow  our  zeal  to  lead 
us  into  costly  fads,  nor  should  we  forget  that  a  waste  of  the  people's 
substance  is  not  helpful  to  the  cause  of  human  progress. 

BOARDS  AND  COMMISSIONS 

One  of  the  tendencies  of  our  state  government  in  recent  years 
has  been  to  create  a  large  number  of  commissions  or  bureaus  to 
which  has  been  delegated  a  large  part  of  the  functions  of  govern- 
ment. While  some  commissions  are  useful  and,  therefore,  indis- 
pensable, quite  a  number  can  be  abolished  and  others  consolidated, 
greatly  reducing  the  number  of  employes  and  in  that  way  effecting 
a  substantial  saving.  It  should  be  our  purpose  to  retain  every 
service  rendered  by  the  state  at  this  time  that  is  useful  to  the  people 
and  is  worth  what  it  costs.  But  in  rendering  this  service  care 
should  be  exercised  so  as  to  prevent  duplication  of  employes,  and 
their  duties  should  be  so  arranged  as  to  enable  them  to  give  the 
maximum  service. 

We  can  not  proceed  by  a  mere  policy  of  abolishing  commissions ; 
we  must  retain  certain  ones  in  view  of  the  fact  that  there  are  now 
certain  lines  of  service  which  this  form  of  administration  is  best 


8  MESSAGES  TO  THE  LEGISLATURE 

suited  to  perform.  Government  was  not  originally  planned  to  en- 
gage in  business.  Its  formal  methods  of  procedure  were  hardly 
suited  to  meet  and  dispose  of  the  multitude  of  details  which  come 
up  in  a  business  institution.  In  certain  modern  developments  of 
governmental  activity  this  freehanded  efficiency  came  to  be  needed. 
Commissions,  whose  powers  are  to  a  large  extent  a  mixture  of  the 
legislative,  the  executive  and  the  judicial,  form  this  more  flexible 
arm  of . governmental  administration;  and  insofar  as  this  free- 
handedness  makes  for  efficiency  and  dispatch,  without  the  assump- 
tion of  unsafe  powers,  they  are  wholly  to  be  commended. 

However,  along  with  this  new-found  advantage,  there  have  de- 
veloped certain  dangers  and  disadvantages.  It  seems  to  be  inherent 
in  the  nature  of  such  bodies  to  run  into  extravagance.  This  is 
partly  due  to  the  fact  that  while  they  are  virtually  engaged  in  run- 
ning a  business  they  are  not  held  back  by  the  business  man's 
consciousness  that  it  is  his  own  profit  and  loss  which  is  at  stake; 
and  partly  to  the  system  of  organization  which  enables  them  to 
proceed  with  too  little  check.  The  commissions  and  boards  that 
are  now  carrying  on  a  large  part  of  the  functions  of  government 
are  entirely  independent  of  any  control  by  the  constitutional  offi- 
cers of  the  state  who  are  elected  by  the  people,  and  who  are  directly 
responsible  to  the  people.  It  may  be  said  that  in  Wisconsin  the 
major  part  of  the  state  government  is  carried  on  by  bureaus  that 
are  independent  of  the  people.  The  commissioners,  being  ap- 
pointed by  the  governor,  are  authorized  by  law  to  appoint  such 
assistants  as  they  see  fit.  They  regulate  the  salaries  of  their  own 
employes  and  audit  their  own  bills.  The  commissions  are  numer- 
ous, each  line  of  activity  being  vested  in  a  separate  board  with  its 
own  set  of  employes.  This  system  has  led  to  much  duplication  of 
service  and  great  extravagance. 

The  agencies  of  government  should  at  all  times  be  kept  under 
the  control  of  the  people  and  made  responsible  to  the  people.  It 
was  so  intended  in  our  original  plan  of  government,  and  whenever 
we  depart  from  that,  as  we  have  in  this  instance,  we  deprive  the 
people  of  the  power  of  self  government. 

The  people  wish  to  hold  the  governor  responsible  for  carrying 
out  a  large  part  of  their  governmental  policy.  This,  I  believe,  is 
particularly  true  in  the  matter  of  expenditures,  for  it  is  in  the  na- 
ture of  his  office  to  act  as  a  check  upon  other  branches  of  the  gov- 
ernment. I  believe  it  to  be  right,  therefore,  that  the  chief  execu- 


tive  should  be  held  responsible,  so  far  as  is  possible,  for  the  ad- 
ministration of  government,  and  particularly  for  any  extravagance 
that  may  be  connected  therewith.  Such  responsibility  naturally 
devolves  upon  him,  for  as  he  is  elected  by  the  people,  he  can  be 
made  immediately  responsive  to  their  will. 

However,  under  the  system  of  commissions  and  bureaus  as  es- 
tablished under  our  present  law,  the  governor  is  without  power  to 
influence  the  expenditures  of  such  bureaus  except  so  far  as  he  may 
exercise  his  veto  power  over  appropriations  made  for  their  use. 
Once  they  have  received  their  money  there  is  nothing  to  influence 
them  toward  a  policy  which  will  make  their  expenditures  any  less 
than  this  maximum  amount.  Their  whole  nature  is  to  expand. 

That  the  people  wish  to  rely  upon  the  governor  to  exercise  a 
better  control  over  public  expenditure,  will,  I  believe,  not  be  ques- 
tioned by  those  who  understand  present  day  public  sentiment.  It 
would,  however,  be  manifestly  unfair  to  hold  the  executive  respon- 
sible for  expenditures  that  he  can  in  no  wise  control,  and  I  recom- 
mend that  the  laws  creating  commissions  be  so  amended  as  to  give 
the  governor  some  measure  of  supervision  over  the  expenditures  of 
these  bodies. 

In  the  work  of  consolidating  some  commissions  and  discon- 
tinuing others  I  wish  to  lay  emphasis  upon  the  necessity  of  retain- 
ing all  those  features  of  each  that  have  proven  useful  to  the  people. 
The  Railroad  Commission  is  performing  a  useful  service  and  de- 
serves to  be  liberally,  though  not  extravagantly,  supported.  This 
body  is  conducting  investigations  of  railroads  and  public  service 
corporations,  much  of  which  information  is  of  like  nature  with 
that  needed  by  the  Tax  Commission  and  the  results  of  which  can 
be  made  available  for  the  Tax  Commission  so  as  to  relieve  that 
body  of  the  necessity  of  duplicating  the  work  of  the  Railroad  "Coin- 
mission-'  In  the  interest  of  economy  ;the  field  work  of  the  Tax  Com- 
mission should  be  cut  down  as  much  as  possible,  especially  where 
it' can  be  covered  by.  the  investigations  of  the  Railroad  Commission. 
'  .'  I  recommend  as  a  further  economy  that  the  services  of  income 
assessors  be  .dispensed  with  and  that  their  duties  be  transferred  to 
the  local  assessors  and  "tax-collectors.  If  local  assessors  can  be 
trusted  with  the  assessment  of  real  estate  and  all  other  taxable 
property,  I  fail  to  see  any  good  reason  why  they  should  not  be 
trusted  with  the  assessment  of  incomes.  The  matter  of  securing 
full  returns  of  taxable  incomes  is  achieved  by  the  penalties  provided 


10  MESSAGES  TO  THE  LEGISLATURE 

by  law  more  than  by  any  activity  upon  the  part  of  the  income 
assessor.  This  rule  would  also  hold  true  in  the  assessment  of  per- 
sonal property  for  which  the  income  tax  is  a  substitute.  Inasmuch 
as  90  per  cent  of  the  income  tax  goes  back  to  the  counties  and 
municipalities  in  which  it  is  collected,  it  is  safe  to  assume  that 
the  local  assessors  will  not  lack  in  energy  to  get  a  full  return.  The 
Tax  Commission  reports  the  cost  of  collecting  income  tax  for  the 
fiscal  year  ending  June  30,  1914,  as  $99,207.59.  This  amount  can 
be  largely  saved  to  the  state  by  the  change  in  system  which  I  have 
suggested. 

During  the  short  time  that  I  have  been  in  office  I  have  not  been 
able  to  examine  the  present  organization  of  commissions  and  boards 
in  sufficient  detail  to  enable  me  to  make  practical  and  specific 
recommendations  as  to  the  consolidation  of  some  and  the  abolish- 
ment of  others.  It  is,  however,  the  business  of  this  administra- 
tion to  abolish  all  that  are  useless  and  to  greatly  reduce  the  num- 
ber of  those  institutions,  and  as  far  as  it  is  practical  to  bring  the 
government  back  to  the  constitutional  officers  of  the  state.  I,  there- 
fore, recommend  that  you  make  a  thorough  investigation  of  the 
entire  subject  with  a  view  to  meeting  the  public  demand. 

WORKMEN'S  COMPENSATION 

The  Workmen's  Compensation  act  is  correct  in  principle  and 
should  receive  the  attention  of  the  legislature  with  a  view  to 
further  perfecting  it.  The  basic  idea  of  the  law  is  that  the  in- 
jured workman  shall  be  compensated  as  soon  as  possible  and  with- 
out litigation.  The  definite  schedule  of  injuries  enacted  by  the 
legislature  has  enabled  the  employer  and  employe,  in  a  large  num- 
ber of  cases,  to  decide  between  themselves  what  the  verdict  will 
necessarily  be.  This  has  not  only  relieved  the  workmen  of  the  ex- 
pense of  litigation  but  has  to  a  considerable  extent  relieved  the 
state  of  the  expense  of  sending  inspectors  to  assist  in  settlement. 

Nevertheless,  the  cost  of  conducting  the  affairs  of  the  Industrial 
Commission  has  grown  to  a  large  sum.  For  the  fiscal  year  ending 
June  30,  1914,  the  cost  of  the  commission  was  $104,973.00.  It 
seems  that  a  large  item  of  this  cost  is  due  to  the  expense  of  send- 
ing out  inspectors  on  individual  cases,  and  the  ultimate  perfecting 
of  the  law  will  result  in  materially  reducing  this  part  of  the  cost 
of  administration.  With  a  view  to  making  settlements  easier  for 


SESSION  OF  1015  11 

the  workman  and  his  employer,  and  for  the  purpose  of  reducing 
the  cost  of  administration,  I  recommend  that  the  schedule  be  per- 
fected, either  by  amending  it  where  the  commission  has  found  it 
inequitable  and  unsatisfactory  or  by  enlarging  it  to  cover  a  greater 
variety  of  cases.  I  suggest  for  your  consideration  that  the  initial 
service  in  each  case  shall  be  performed  by  the  county  judge  in  the 
county  where  the  injury  occurred. 

The  law  now  provides  that  all  appeals  from  orders  of  the  com- 
mission shall  be  taken  to  the  circuit  court  of  Dane  county.  This 
provision  makes  litigation  under  the  act  unnecessarily  expensive 
and  is  inconsistent  with  the  spirit  of  the  law.  I  would  suggest 
that  the  law  be  changed  so  that  cases  appealed  to  the  circuit  court 
may  be  tried  in  the  circuit  where  the  claim  originated. 

LEGISLATIVE  REFERENCE  BUREAU 

The  legislature  of  1903  created  a  legislative  reference  library. 
Its  purpose  was  to  furnish  information  to  members  of  the  legis- 
lature upon  such  subjects  as  related  to  legislation.  It  has  since 
been  converted  into  a  bill  drafting  institution  where  proposed  laws 
are  furnished  upon  application  without  any  further  effort  upon  the 
part  of  the  legislator.  This  system  has  had  the  effect  of  greatly 
increasing  the  number  of  bills  introduced  and  has  resulted  in  the 
passage  of  a  great  many  useless  laws.  The  legislature  of  1913 
passed  778  bills. 

The  purpose  of  the  original  act  creating  the  library  was  good. 
However,  we  must  now  judge  its  value  by  the  record  it  has  made, 
which  I  believe  to  justify  the  statement  that  it  has  exercised  an 
undue  influence  upon  legislation.  It  has  resulted  in  outside  prep- 
aration of  bills  for  legislative  action,  superseding  individual  legis- 
lative study,  and  greatly  impairing  legislative  efficiency  to  act  as 
the  result  of  that  individual  judgment  which  members  of  such 
a  body  should  devote  to  the  work  they  were  elected  to  perform. 
Originally  projected  as  a  library,  it  has  in  every  sense  become  a 
bureau.  I  therefore  recommend  that  the  law  creating  the  bureau, 
as  it .  is  now  known,  be  repealed.  This  will  have  the  effect  of 
saving  about  $21,000  per  year. 


12  MESSAGES  TO  THE  LEGISLATURE 

STATE  PRINTING 

The  cost  of  state  printing  has  grown  to  an  enormous  sum. 
Each  year  has  shown  an  increase.  In  this  connection  the  follow- 
ing table  is  interesting: 

Fiscal  Year. 

1900-1901 $  42,138.69 

1902   60,413.05 

1903  53,948.87 

1904  84,916.27 

1905  . . 60,650.08 

1906 109,959.58 

1907 108,998.98 

1908' 162,045.21 

1909   103,448.75 

1910    163,351.88 

1911  123,312.25 

1912  204,427.11 

1913   217,047.08 

1914  259,6*65.50 

The  State  Board  of  Public  Affairs  has  recently  investigated 
this  matter  and  strongly  criticises  the  lack  of  system.  The  fol- 
lowing statement  appears  in  its  report :  "Evidence  of  waste  and 
inefficiency  are  to  be  found  on  every  hand  resulting  largely  from 
practices  which  have  been  passed  on  to  each  succeeding  adminis- 
tration. Such  costs  of  waste  as  this  study  has  disclosed  are  evi- 
dences of  the  inefficient  past."  The  report  would  indicate  that 
printed  matter  is  ordered  in  too  large  quantities.  It  says :  "Too 
many  volumes  are  issued  and  there  are  too  many  pages  in  the 
volume." 

A  large  quantity  of  printed  matter  that  is  now  worthless  has 
accumulated.  The  report  states  that  786,390  books  and  pam- 
phlets are  now  stored  in  the  south  wing  of  the  capitol  building. 
It  appears  that  one  of  the  sources  of  expenditures  is  the  cost  of 
printing  a  large  number  of  Blue  Books,  the  last  legislature  hav- 
ing authorized  the  publication  and  distribution  of  37,500  copies. 
Indiana  issues  1,700 ;  Ohio  8,000 ;  Illinois  10,000 ;  Minnesota  gives 
fifty  copies  to  each  member  of  the  legislature,  and  Iowa  gives 
sixty  copies  to  each  member.  Members  of  the  last  legislature  in 
our  own  state  received  250  copies  each. 


SESSION  OF  1915  13 

The  number  of  Blue  Books  authorized  and  printed  is  evidently 
too  large  and  should  be  cut  down  to  such  a  number  as  can  be 
distributed  among  the  people  with  profit  to  them. 

The  entire  subject  of  printing  deserves  consideration  and  I 
recommend  that  some  better  supervision  be  established  by  law 
over  the  matter  of  public  printing  in  order  that  useless  publica- 
tion may  be  eliminated  and  that  some  regard  be  had  for  the  prob- 
able demand,  thereby  substantially  reducing  the  expense. 

STATE  INSURANCE 

It  has  been  the  policy  of  the  state  since  1903  to  assume  the 
fire  risk  on  its  own  buildings.  The  insurance  carried  on  state 
property  by  the  state  is  reported  by  the  commissioner  as  $17,670,- 
000.  In  addition  to  this  there  is  on  the  statute  books  of  the  state  a 
provision  that  all  property  of  cities,  counties,  villages  and  school 
districts,  after  favorable  vote  on  the  part  of  boards  or  councils 
having  charge  of  such  public  property,  may  contract  for  their 
insurance  protection  with  the  commissioner  of  insurance.  The 
amount  of  insurance  carried  under  this  provision  is  reported  to 
be  $1,595,359,  making  a  total  of  insurance  carried  by  the  state 
of  $19,265,359.  The  insurance  commissioner  under  date  of  De- 
cember 18,  makes  the  following  statement  concerning  the  condi- 
tion of  this  fund: 

ASSETS 

Cash  in  hands  of  state  treasurer $62,701.91 

Premiums  in  process  of  collection 68,936.69 


$131,638.60 
LIABILITIES 

Unearned  premiums   $41,194.55 

Due  to  general  fund 78,137.99 


$119,332.54 


Surplus  over  all  liabilities $12,306.06 

The  Board  of  Regents  of  the  normal  schools  have  recently 
brought  an  action  in  court  to  compel  the  insurance  commissioner 
to  turn  over  to  the  normal  school  fund  an  additional  sum  of 
$106,800  in  settlement  of  a  loss  caused  by  the  destruction  by  fire 


14  MESSAGES  TO  THE  LEGISLATURE 

of  the  state  normal  school  at  Superior.  It  is  evident  from  this 
that  if  the  courts  finally  order  the  payment  of  this  amount  the 
insurance  fund  will  show  a  deficit,  either  in  case  the  state  sus- 
tains a  loss  of  the  amount  involved,  which  means  that  the  pre- 
miums accredited  to  the  insurance  account  in  the  past  ten  years 
have  not  accumulated  a  fund  that  protects  the  state  against  loss 
either  by  fire  or  tornado;  in  fact  the  state  has  lost  a  substantial 
sum  of  money  by  not  insuring  its  property.  If  any  considerable 
loss  should  occur  at  this  time  of  the  property  of  the  counties, 
towns  or  villages  now  insured  with  the  state  it  would  be  neces- 
sary to  pay  it  out  of  the  general  fund,  and  this  raises  the  con- 
stitutional question  whether  the  insurance  commissioner  has  a 
right  to  use  money  out  of  the  general  fund  to  pay  losses  occurring 
to  county  or  municipal  property. 

The  present  condition  of  this  fund  after  an  experience  of  ten 
years  demonstrates  conclusively  that  state  insurance  on  the  basis 
on  which  it  has  been  carried  on  is  a  failure.  I  believe  this  to 
be  due  to  the  fact  that  the  value  of  the  units  insured  bears  too 
large  a  proportion  to  the  total  risks  carried.  Losses  seem  to 
occur  frequently,  and  the  amounts  are  uniformly  large,  which 
seems  to  make  the  project  unsafe  and  therefore  undesirable.  I 
therefore  recommend  that  the  present  system  of  state  fire  insur- 
ance be  discontinued,  and  more  reliable  insurance  be  substituted 
therefor. 

HIGHWAYS 

The  state  now  is  engaged  in  what  is  generally  conceded  to  be 
an  extravagant  system  of  highway  building.  There  is  annually 
appropriated  out  of  the  general  fund  $1,200,000  for  state  aid, 
and  $100,000  to  the  highway  commission  with  which  to  carry 
out  the  purposes  of  the  act.  It  must  be  borne  in  mind  that  in 
addition  to  this  the  towns  and  counties  which  ask  for  state  aid 
must  each  furnish  an  equal  sum  to  that  provided  by  the  state. 
If  the  appropriation  for  1914  is  used  the  total  amount  expended 
on  state  aid  roads  for  that  year  would  be  $3,600,000,  exclusive  of 
the  expense  of  the  commission  and  whatever  the  towns  and  coun- 
ties might  have  expended  for  supervision.  This  amount  is  gen- 
erally regarded  by  the  people  as  excessive  and  burdensome  to  the 
taxpayers.  The  people  generally  wish  to  continue  to  improve  our 


SESSION  or  1915  15 

highways,  but  there  is  a  widespread  feeling  that  we  should  be 
more  conservative  in  the  use  of  public  funds  for  that  purpose. 

It  would  seem  that  the  first  step  necessary  in  proceeding  with 
this  project  is  to  organize,  under  the  supervision  of  a  competent 
highway  engineer,  a  staff  of  practical  road-builders,  and  this,  it  is 
generally  conceded,  is  difficult  to  secure.  Furthermore,  there  still 
is  much  doubt  in  the  minds  of  practical  men  as  to  the  best  mate- 
rial to  be  used  in  the  construction  of  highways.  These  facts, 
together  with  the  opposition  to  high  taxes,  make  it  imperative 
to  proceed  on  a  more  conservative  basis. 

The  project  presents  an  engineering  feature  which  should  be 
supplied  by  the  state.  There  must  be  uniformity  in  the  plan 
of  building  roads.  Furthermore,  state  aided  work  should  be  car- 
ried on  in  accordance  with  the  requirements  of  the  state.  This, 
however,  does  not  make  it  necessary  that  the  state  should  carry 
out  the  work  of  actual  construction.  It  is  generally  conceded 
that  county  authorities  being  familiar  with  local  labor  conditions, 
are  able  to  produce  greater  results  for  the  money  expended. 

The  condition  of  many  state  roads  that  but  recently  have  been 
built  proves  conclusively  that  it  is  necessary  to  make  better  pro- 
vision for  their  maintenance.  It  will  be  a  waste  of  money  to 
go  on  with  these  great  expenditures  for  highways  unless  suitable 
arrangements  are  made  to  keep  them  in  repair. 

STATE  FORESTRY 

In  1903  the  legislature  created  the  department  of  forestry,  and 
began  the  project  of  reforesting  cutover  timber  lands  in  the  north- 
ern part  of  the  state.  There  is  annually  appropriated  $35,000 
to  pay  the  salaries  and  carry  out  the  provisions  of  the  act.  The 
legislature  of  1911  made  an  appropriation  of  $250,000,  distributed 
over  a  period  of  five  years,  for  the  purchase  of  additional  lands, 
and  the  law  further  provides  for  an  annual  appropriation  of 
$10,00!")  which  can  be  expended  by  the  state  land  commissioners 
for  the  purchase  of  lands  that  have  reverted  to  counties  for  taxes 
and  for  other  lands.  This  appropriation  has  been  used  each  year 
since  it  was  authorized.  The  total  appropriation  available  to  the 
forestry  department  is  $95,000  per  annum. 

The  state  set  aside  all  swamp  lands  that  were  left  north  of 
town  33  and  the  department  has  the  use  of  the  income  from 


16  MESSAGES  TO  THE  LEGISLATURE 

these  lands  derived  from  the  sale  of  dead  and  down  timber,  from 
trespass  and  from  sales  of  scattering  and  agricultural  lands  that 
are  not  suitable  for  forest  reserve.  The  state  forester  reports 
that  the  income  from  this  latter  source  has  been  large,  the  total 
being  $435,476.13.  Of  this  amount  $381,706.88  has  been  ex- 
pended or  reinvested.  He  reports  the  following  investments  in 
lands : 

Appropriations  for  lands  expended $146,027.48 

Income  from  swamp  lands  reinvested  in  other  lands..   272,781.22 


Total $418,808.70 

Amount  due  on  lands  remaining  unpaid    (because  of 

question  pending  before  supreme  court) $130,817.35 

There  has  been  expended  for  improvements  $121,522.60,  mak- 
ing a  total  investment  for  the  state  of  $671,148.65  since  the  or- 
ganization of  the  department,  exclusive  of  the  cost  of  supervision 
and  planting. 

The  state  forester  reports  that  approximately  1,000  acres  of 
land  have  been  replanted  and  that  the  average  cost  is  $4.98  per 
acre,  and  that  the  output  of  the  state's  forest  nurseries  will  be 
sufficient  to  plant  about  1,000  acres  per  year,  the  cost  of  which 
will  approximate  $5  per  acre.  The  validity  of  certain  purchases 
of  land  for  this  department,  and  the  question  as  to  whether  the 
state  has  the  authority  to  place  any  of  the  school  fund  lands  in- 
cluding lands  set  aside  for  school  purposes  out  of  the  swamp  land 
grant,  university  fund  lands  or  agricultural  college  lands  in  the 
state  forest  reserve  and  the  further  question  whether  the  using 
of  revenue  raised  by  present  taxation  to  promote  production  or 
improvement  for  the  benefit  of  future  generations  is  using  money 
for  a  public  purpose  within  the  meaning  of  the  constitution,  are 
now  pending  before  the  supreme  court.  Whether  the  state  can 
proceed  with  the  project  of  reforestation  as  now  planned  will 
depend  upon  the  judgment  of  the  court.  Even  though  there  were 
no  legal  obstruction  I  believe  it  to  be  a  questionable  project. 

It  can  be  urged  to  be  a  moral  obligation  to  future  generations 
to  replace  this  valuable  natural  resource  with  which  our  state 
was  so  abundantly  supplied.  However,  it  seems  perfectly  clear 
that  that  obligation  rests  upon  the  national  government.  The 
virgin  forests  of  our  state  provided  a  timber  supply  for  a  large 
part  of  the  country.  It  would  have  been  morally  wrong  to  at- 


SESSION  OF  1915  17 

tempt  to  confine  its  use  to  our  own  state.  For  the  same  reason 
it  would  be  morally  wrong  to  attempt  to  confine  the  use  of  the 
timber  supply  of  the  future  to  the  people  living  within  the  state. 
Inasmuch  as  the  product  must  always  be  available  for  all  the 
people  it  is  clearly  the  duty  of  the  United  States  government  to 
provide  for  the  future  supply.  I  believe  it  would  be  manifestly 
unfair  to  tax  so  small  a  political  unit  as  the  state  of  "Wisconsin 
for  the  purpose  of  producing  a  resource  that  will  in  the  end 
be  for  the  benefit  of  the  people  at  large. 

As  a  business  proposition  it  should  not  appeal  to  us.  We  have 
had  sufficient  experience  to  convince  us  that  the  annual  cost  is 
large  and  that  the  investment  which  has  already  reached  a  large 
sum  will  continue  to  grow  rapidly  in  sums  that  will  burden  the 
taxpayers.  There  is  a  diversity  of  opinion  among  experts  and 
practical  men  as  to  the  time  required  to  produce  a  tree  that  can 
be  converted  into  merchantable  timber.  The  estimates  run  from 
fifty  to  100  years.  It  should  not  require  much  argument  to  con- 
vince anyone  that  a  business  proposition  which  cannot  possibly 
pay  any  returns  for  a  period  of  from  fifty  to  100  years  is  not 
attractive,  and  is,  as  a  matter  of  fact,  an  unwise  investment. 
Furthermore,  the  property  is  subject  to  destruction  by  fire  or 
storm;  therefore  it  is  not  exempt  from  the  ordinary  business  risk. 

The  project  is  open  to  the  further  objection  that  it  removes 
so  large  an  acreage  from  the  tax  roll  of  sparsely  settled  counties 
in  the  northern  part  of  our  state  as  to  make  local  taxation  bur- 
densome to  the  remaining  property.  It  is  open  to  the  further  ob- 
jection that  any  large  and  contiguous  tract  of  land  in  Wisconsin 
must  necessarily  contain  a  considerable  amount  of  land  that  is 
suitable  for  agriculture.  The  time  is  coming,  and  judging  by 
agricultural  development  for  the  past  fifty  years  it  is  not  far 
away,  when  every  acre  that  will  produce  a  crop  will  be  demanded 
by  the  people.  Everywhere  in  the  country  the  forest  tree  has 
been  obliged  to  yield  before  advancing  civilization,  and  the  north- 
ern part  of  our  etate,  which  is  rich  in  -soil,  will  not  be  the  ex- 
ception. When  that  time  comes  your  legislature  will  yield  to 
the  demands  of  the  willing  settler,  and  your  forest  reserves  will 
be.  .converted  into  farms,  regardless  of  what  it  costs  the  state  to 
plant  the  trees. 

In  view  of  these  many  objections  I  recommend  that  there  be 
no  further  expansion  of  the  policy  of  reforestation,  and  that  agri- 


18  MESSAGES  TO  THE  LEGISLATURE 

cultural  lands  iii  the  forest  reserve  be  thrown  open  to  settlers, 
in  lots  not  to  exceed  160  acres  for  each  applicant,  and  that  fur- 
ther appropriations  be  cut  down  to  what  may  be  necessary  to  pro- 
tect the  property  that  the  state  now  owns. 

STATE  UNIVERSITY 

The  people  of  our  state  have  been  generous  in  their  support 
of  public  education.  While  it  is  clearly  their  purpose  to  build 
up  an  educational  system  that  will  give  equal  facilities  to  all  the 
people,  it  appears  that  in  recent  years  a  tendency  has  grown  up 
under  which  higher  education  receives  a  rather  disproportionate 
amount  of  the  money  available  for  educational  purposes.  This 
state  of  affairs  has  directed  the  attention  of  the  people  to  our 
educational  institutions  and  has  subjected  some  of  them,  and  par- 
ticularly our  state  university,  to  severe  criticism. 

The  people  wish  to  maintain  the  university  as  a  first  class  in- 
stitution of  learning;  however,  the  amount  of  money  needed  to 
meet  its  demands  is  so  large  that  the  people  have  come  to  regard 
it  as  being  unnecessarily  extravagant  and  there  is  a  general  de- 
mand for  a  substantial  reduction  in  the  appropriations. 

As  a  result  of  this  growing  feeling,  the  state  board  of  public 
affairs  ordered  a  survey,  a  report  of  which,  covering  a  year  of 
investigation,  will  soon  be  submitted  to  you.  The  discoveries  of 
the  investigators  are  many,  and  cannot  be  discussed  in  this  mes- 
sage. No  doubt  there  is  sufficient  information  in  the  report  to 
enable  you  to  correct  the  faults  of  the  institution,  whatever  they 
may  be. 

There  are  certain  features  of  the  report  to  which  I  desire  to 
call  your  especial  attention.  I  have  been  informed  that  the  re- 
port will  show  that  there  is  now  sufficient  room,  if  economically 
used,  to  meet  the  demands  of  all  departments,  and  accommodate 
all  the  students  in  attendance.  If  this  is  true  it  should  put  an 
end  to '  building  operations  until  it  can  be  demonstrated  that 
additional  buildings  are  absolutely  necessary,  and  appropriations 
amounting  to  $650,000  which  were  made  available  on  March  1, 
1915,  and  any  other  appropriations  for  building  purposes  the  con- 
tracts for  which  have  not  yet  been  approved,  should  be  promptly 
repealed. 

I  also  wish  to  call  attention  to  that  part  of  the  survey  which 


SESSION  OF  1915  19 

deals  with  the  subject  of  nonresident  students.  It  is  stated  that 
nearly  1,400  are  now  in  attendance  who  are  not  residents  of 
the  state  of  Wisconsin.  This  is  a  large  per  cent  of  the  total  at- 
tendance and  raises  the  question  whether  the  taxpayers  of  the 
state  wish  to  maintain  a  university  that  will  furnish  facilities 
without  limit  to  nonresident  students,  and  whether  the  presence  of 
so  many  students  of  this  class  is  not  working  to  the  disadvantage  of 
the  young  men  and  women  who  are  residents  of  the  state. 

There  seems  to  be  a  diversity  of  opinion  on  the  question  of 
annual  per  capita  cost.  However,  the  tuition  fee  of  $100  per 
annum  which  nonresident  students  pay  evidently  does  not  com- 
pensate the  state  for  the  amount  of  money  expended  for  teachers 
and  facilities,  and  the  amount  that  is  lost  annually  on  nonresi- 
dent students  is  large. 

In  considering  this  question  we  must  take  into  account  the 
value  that  the  university  management  places  upon  the  broaden- 
ing influence  that  the  presence  of  the  nonresident  has  upon  our 
own  people.  At  the  same  time  we  must  not  lose  sight  of  the 
fact  that  the  university  is  maintained  by  the  taxpayers  of  the 
state  and  that  the  average  taxpayer  of  the  state  of  Wisconsin  is 
a  man  of  moderate  means  who  is  struggling  to  educate  his  own 
children  and  in  most  cases  succeeding  only  partially. 

In  addition  to  the  increased  cost  to  the  university  it  is  pointed 
out  that  the  presence  of  so  many  nonresident  students  in  the 
capital  city  has  created  a  competition  for  living  accommodations 
and  as  a  result  the  expenses  which  resident  students  have  to 
meet  have  been  materially  advanced.  We  should  not  adopt  a  nar- 
row policy  of  excluding  nonresident  students.  We  should,  how- 
ever, charge  a  tuition  fee  that  will  compensate  the  state  for  the 
cost  of  their  education,  and  we  should  limit  the  number  who  may 
be  admitted  to  suit  the  present  facilities  of  the  school  after  resi- 
dent students  have  been  taken  care  of. 

To  offer  free  educational  facilities  to  the  world  is  a  laudable 
undertaking;  however,  it  is  one  which  should  be  taken  care  of 
by  men  of  wealth.  I  think  it  only  fair  to  say  that  the  American 
millionaire  has  made  liberal  provision  for  educational  facilities 
which  are  open  to  all  who  may  apply.  Our  country  has  many 
splendid  colleges  that  are  richly  endowed  and  whose  doors 
are  open  to  foreigners  as  well  as  people  of  our  own  country.  But 
our  own  institution  is  maintained  by  taxpayers  and  is  limited  in 


20  MESSAGES  TO  THE  LEGISLATURE 

its  resources  to  an  amount  that  can  be  collected  from  the  people 
without  becoming  a  burden  to  them.  Furthermore,  as  they  main- 
tain the  institution  they  should  be  given  prior  rights  to  its  bene- 
fits. 

There  are  many  other  features  of  the  university  to  which  I 
would  feel  impelled  to  direct  your  attention  were  it  not  that  you 
are  about  to  have  laid  before  you  the  report  of  the  extensive  in- 
vestigation made  under  the  direction  of  the  state  board  of  public 
affairs. 

NORMAL  AND  RURAL  SCHOOLS 

A  very  liberal  policy  has  been  pursued  in  the  matter  of  build- 
ing state  normal  schools.  Eight  are  now  in  operation  and  a  new 
one  is  now  in  process  of  construction.  This  policy  has  greatly 
increased  the  expenses  of  that  branch  of  education.  The  appro- 
priation by  the  last  legislature  for  normal  school  purposes  ex- 
ceeded $1,000,000  for  the  year  ending  June  30,  1914.  If  these 
schools  are  to  be  used  exclusively  for  training  teachers  it  would 
seem  unnecessary  to  build  any  more  of  them. 

A  comparatively  small  number  of  graduates  from  these  schools 
accept  employment  as  teachers  in  country  schools,  where  they 
are  most  needed.  A  greater  number  are  employed  in  the  graded 
and  high  schools  of  the  cities,  where  they  receive  larger  pay  and 
the  profession  of  teaching  is  more  attractive.  The  rural  school 
courses  in  our  state  normal  schools,  in  our  high  schools  and  in 
our  county  training  schools  are  furnishing  but  forty-five  per  cent 
of  the  teachers  called  for  each  year  in  our  country  schools.  While 
trained  high  school  and  graded  school  teachers  are  being  sup- 
plied in  sufficient  numbers  by  the  university  and  the  normal 
schools,  the  supply  of  adequately  prepared  teachers  for  the  rural 
schools  still  is  a  problem.  It  is  no  unfair  criticism  to  say  that 
legislatures  in  the  past  have  been  lavish  in  their  expenditures  for 
the  university  and  most  liberal  in  their  appropriations  for  the  nor- 
mal schools,  while  the  rural  school,  which  is  the  school  of  the 
masses,  has  been  neglected. 

The  first  step  necessary  to  improve  our  country  schools  is  to 
provide  a  better  equipped  teacher.  In  order  to  do  this  we  must 
provide  preparatory  institutions  within  easy  reach  of  the  young 
men  and  women  in  the  country  who  are  willing  to  make  rural 
school  teaching  a  profession. 


SESSION  or  1915  21 

This  I  believe,  can  best  be  obtained  by  a  further  extension  and 
improvement  of  our  present  system  of  county  training  schools. 
Twenty-eight  counties  have  established  such  schools  under  state 
aid,  and  this  policy  upon  the  part  of  other  counties  should  be 
encouraged.  The  teaching  of  rural  schools,  requiring  as  it  does, 
a  teacher  who  can  teach  all  grades,  should  be  a  distinct  profes- 
sion. This,  however,  cannot  be  hoped  for  unless  the  salary  of 
the  teacher  is  at  least  equal  to  that  paid  by  the  graded  schools 
in  the  city.  If  the  state  aid  which  is  now  provided  by  law  is 
not  sufficient  to  bring  the  salaries  to  the  necessary  standard,  ad- 
ditional appropriations  should  be  made  for  that  purpose.  How- 
ever, salaries  from  state  funds  should  be  based  upon  years  of 
service. 

COUNTY  SCHOOL  BOARDS 

The  last  legislature  passed  an  act  creating  county  school  boards. 
These  boards  are  practically  without  duties,  and  there  is  general 
complaint  that  because  they  are  without  functions  it  is  an  un- 
necessary expenditure  of  money.  I  recommend  that  the  law  cre- 
ating them  be  repealed. 

Our  common  schools  and  particularly  our  country  schools  need 
more  and  better  supervision.  The  development  of  the  common 
school  should  be  carried  out  under  the  supervision  of  the  state 
superintendent  of  public  instruction  and  the  county  superintend- 
ents, as  the  law  now  provides.  There  is  a  well-founded  complaint 
that  many  of  the  latter  officials  are  not  well  qualified  and  that 
others  do  not  devote  enough  time  to  the  work  of  supervision  to 
produce  results.  Much  of  the  inefficiency  is  due  to  the  fact  that 
the  compensation  paid  by  counties  to  county  superintendents  is 
not  sufficient  to  attract  competent  men.  An  adequate  salary 
should  be  provided  by  law.  In  many  counties  there  are  so  many 
schools  that  the  superintendent  finds  it  impossible  to  give  the 
necessary  supervision  as  time  will  permit  him  to  make  only  a 
brief  call  at  each  school  in  a  year.  In  such  counties  he  should 
be  given  assistants  according  to  the  number  of  schools. 

A  CENTRAL  BOARD  OF  EDUCATION 

A  systematic  development  of  our  educational  system  would  be 
better  accomplished  if  -our  educational  institutions  were  placed 


22  MESSAGES  TO  THE  LEGISLATURE 

in  charge  of  a  central  board  of  education,  instead  of  having  a 
number  of  boards  as  at  present.  The  fault  of  the  present  sys- 
tem is  that  each  board  sees  only  its  own  institution,  and  man- 
ages it  without  due  reference  to  the  system  as  a  whole.  The 
board  of  regents  of  the  university  have  been  very  successful  in 
securing  appropriations  from  the  legislature.  Their  case  is  al- 
ways ably  presented  and  the  prestige  of  that  institution  naturally 
brings  much  influence  to  bear  upon  members  of  the  legislature. 
The  largely  increased  appropriations  at  each  session  bear  testi- 
mony to  the  superior  abilities  of  its  representatives  in  securing 
money  from  the  legislature. 

The  board  of  regents  of  the  normal  schools  also  are  an  influen- 
tial body.  With  their  schools  distributed  about  the  state  they 
are  in  good  position  to  bring  local  influence  strong  enough  to 
secure  for  them  and  their  institutions  all  they  ask  for.  The  com- 
mon schools,  which  are  the  schools  of  the  masses,  are  not  thus 
represented,  and  do  not  receive  their  fair  proportion  of  all  the 
money  available  for  educational  purposes. 

The  result  is  that  we  are  building  our  educational  system  from 
the  top  down  instead  of  from  the  bottom  up.  This  system  is 
wrong,  and  needs  to  be  corrected  in  the  interest  of  the  people. 
A  single  board  of  education,  representing  all  of  these  interests, 
would  give  better  business  management,  would  cause  the  monies 
to  be  more  equitably  apportioned  and  correlate  the  state's  edu- 
cational activities. 

I  recommend  that  the  board  of  regents  of  the  university  and 
the  board  of  regents  of  the  normal  schools  be  abolished,  and  that 
there  be  created  instead  a  central  board  of  education. 

I  suggest  that  this  board  consist  of  thirteen  members,  eleven 
of  whom  shall  be  appointed  by  the  governor.  There  shall  be  on 
said  board  three  presidents  of  normal  schools  and  two  county 
superintendents  of  schools,  and  the  president  of  the  university 
and  the  state  superintendent  of  public  instruction  shall  be  ex- 
officio  members. 

Besides  those  members  actively  engaged  in  educational  pursuits, 
there  shall  be  three  members  who  shall  devote  all  of  their  time 
to  the  work  and  shall  receive  pay  for  their  services,  and  three  mem- 
bers who  shall  be  appointed  and  serve  on  stated  occasions  as  the 
work  requires  without  compensation. 

I  believe  that  the  instructional  side  of.  our  educational  institu- 


SESSION  OF  1915  23 

tions  should  be  represented  by  educators  and  the  business  side 
by  business  men.  A  board  so  constituted  would  be  evenly  bal- 
anced to  meet  all  requirements  of  these  institutions. 

SCHOOL  TRUST  FUNDS 

I  feel  it  encumbent  upon  me  to  call  your  attention  to  the  con- 
dition of  certain  trust  funds  held  by  the  state.  For  the  purpose 
of  aiding  the  union  in  its  prosecution  of  the  civil  war  and  for 
payment  of  bounties  to  volunteers  from  Wisconsin  and  for  tem- 
porary aid  of  families  of  Wisconsin  soldiers  serving  in  the  union 
army,  the  state  raised  and  expended  large  sums  of  money  by  the 
issue  and  sale  of  its  bonds.  This  was  done  under  the  authority 
of  an  act  of  the  legislature  passed  in  1861.  In  addition  to  the 
bond  issues  some  monies  were  taken  from  the  trust  fund  for  which 
certificates  of  indebtedness  were  issued  directly,  these  bonds  and 
certificates  amounting  in  the  aggregate  to  $2,100,000.  In  1866 
the  state  took  up  all  of  the  war  indebtedness  of  $2,100,000  and 
in  addition  $100,000  of  improvement  bonds  with  trust  funds  of 
the  state,  issuing  therefore  certificates  of  indebtedness  to  the 
amount  of  $2,251,000.  In  this  amount  there  was  included  $51,000 
of  accrued  interest.  Under  authority  of  the  laws  of  1866  the 
entire  indebtedness,  including  the  amount  thereafter  to  become 
due,  was  apportioned  among  the  several  state  trust  funds,  and 
state  certificates  of  indebtedness  bearing  interest  at  the  rate  of 
seven  per  cent  per  annum  were  issued  therefore.  These  certifi- 
cates, amounting  in  the  aggregate  to  $2,251,000,  remain  unpaid. 

The  United  States  government  has  from  time  to  time,  under 
act  of  congress,  reimbursed  the  state  for  the  obligations  incurred 
by  it  for  war  purposes,  the  state  having  received  in  the  aggre- 
gate $2,257,291.74.  Two  large  payments  were  made  in  recent 
years.  In  1903  the  United  States  government  remitted  $458,- 
677.90,  and  in  1905  $727,740.18.  The  funds  so  received  from 
the  general  government  belonged  to  the  trust  funds  and  should 
have  been  used  to  pay  the  state's  certificates  of  indebtedness  to 
the  said  funds.  This  money,  however,  was  placed  in  the  general 
fund  for  the  evident  purpose  of  reducing  the  tax  levy  in  those 
years.  This  transaction  would  seem  to  be  an  unlawful  diversion 
of  trust  funds,  and  provision  should  be  made  to  retire  these  cer- 
tificates of  indebtedness. 


24  MESSAGES  TO  THE  LEGISLATURE 

I  recommend  that  an  appropriation  of  $100,000  per  year  be 
made  to  create  a  sinking  fund  to  be  used  in  liquidating  this  debt. 

CONTINUING  ANNUAL  APPROPRIATIONS 

I  wish  to  call  attention  to  the  policy  of  making  continuing 
annual  appropriations  for  the  support  of  numerous  public  and 
private  institutions.  This  financial  policy  has  a  tendency  to  keep 
up  the  expenditures  of  these  institutions  to  the  amounts  made 
available  for  them  by  the  appropriations  regardless  of  their  actual 
needs.  The  system  does  not  contemplate  the  necessity  of  the  va- 
rious departments  presenting  their  requirements  to  each  succeed- 
ing legislature.  In  fact  it  may  be  reasonably  assumed  by  those 
interested  that  the  money  will  continue  to  be  forthcoming  with- 
out further  legislative  inquiry. 

There  should  be  frequent  reconsideration  of  all  state  appropria- 
tions, and  they  should  be  governed  by  the  necessities  of  the  case 
and  the  ability  of  the  people  to  pay.  The  annual  appropria- 
tions now  in  force  under  this  system  amount  to  nearly  $8,000,000. 
This  large  amount  suggests  the  necessity  of  a  complete  revision 
of  these  appropriations,  and  a  reduction  in  the  amount  to  con- 
form to  a  more  economical  policy.  Public  policies  with  reference 
to  the  expenditure  of  money  should  be  controlled  by  the  same 
considerations  as  would  affect  men  in  private  life.  There  are 
many  things  we  may  wish  to  have  but  are  compelled  to  do  with- 
out until  we  can  better  afford  to  spend  the  money. 

It  is  an  unfortunate  situation  in  our  government,  municipal, 
state  and  national,  that  in  the  expenditures  of  public  money  the 
financial  situation  of  the  taxpayer  receives  no  consideration.  It 
would  seem  that  this  is  a  time  when  public  expenditures  of  every 
kind  should  be  reduced  to  a  minimum.  With  the  people's  income 
much  reduced  high  taxes  become  a  burden.  There  may  be  many 
things  that  they  would  wish  to  support  liberally,  at  other  times,  but 
which,  because  of  the  general  depression  in  business,  they  would 
now  wish  to  forego. 

WATER  POWERS 

The  development  and  bringing  into  use  of  the  water  powers 
within  the  state  is  a  matter  which  should  receive  your  careful 
attention.  Most  if  not  all  powers  of  considerable  magnitude  are 


SESSION  OF  1915  25 

located  upon  navigable  streams.  As  to  such  streams  the  public 
right  of  navigation  is  superior  to  any  other,  but  the  state  has 
no  proprietary  interest  in  the  water  powers.  They  belong  to  the 
owners  of  adjacent  banks,  and  it  will  be  manifestly  to  the  pub- 
lic advantage  to  have  them  improved  and  put  to  use  in  operat- 
ing mills,  factories  and  for  other  beneficial  purposes.  In  the  in- 
terest and  for  the  protection  of  navigation  it  has  long  been  the 
policy  of  the  state  to  permit  the  erection  of  dams  or  other  works 
in  navigable  streams  only  upon  consent  of  the  state,  and  this  policy 
should  be  adhered  to. 

From  an  early  time  and  until  about  ten  years  ago  consent  of 
the  state  was  freely  given  by  numerous  special  acts  for  the  erec- 
tion of  dams  and  the  development  of  water  powers,  and  a  large 
number  were  developed,  furnishing  power  to  important  industries 
and  promoting  the  growth  and  prosperity  of  the  communities  in 
which  they  are  located.  For  nearly  ten  years  there  has  been 
no  substantial  improvement  of  water  power  properties  because  of 
the  unfavorable  legislation  proposed  and  enacted  during  that  pe- 
riod. In  1911  a  water  power  bill  was  passed  which  declared  that 
water  powers  belonged  to  and  were  the  property  of  the  state  and 
contained  provisions  respecting  the  development  and  use  of  such 
powers  so  framed  as  to  carry  out  that  view.  This  act,  being  chal- 
lenged before  the  supreme  court,  was  held  unconstitutional  for 
the  reason,  among  others,  that  it  denied  the  private  ownership 
of  water  powers. 

In  1913  the  legislature  enacted  a  new  water  power  law  which, 
while  in  form  recognizing  ownership  of  water  powers  by  riparians, 
provided  in  substance  that  as  a  condition  of  granting  to  water 
power  owners  permission  or  consent  of  the  state  to  the  erection 
of  dams  necessary  to  utilize  their  property,  such  owners  should 
agree  in  advance  to  surrender  it  to  the  state  at  any  time  after 
thirty  years  without  receiving  the  compensation  which  the  con- 
stitution provides  that  every  citizen  shall  receive  when  his  prop- 
erty is  taken  for  public  use. 

The  hopes  and  predictions  of  the  advocates  of  this  law  have 
not  been  realized,  for  not  a  single  application  has  been  made  under 
the  act  for  the  development  of  any  important  water  power.  It 
is  believed  that  its  terms  are  so  burdensome  as  to  seriously  im- 
pede, if  not  absolutely  prevent,  future  development. 

Water  power  is  best  conserved  by  making  use  of  it.     It  cannot 


2(>  MKSSAGKS  TO  THE  LEGISLATURE 

be  stored  up  and  held  for  future  use  like  coal.  The  power  that 
is  not  used  is  forever  lost.  Legislation  should  be  enacted  which 
will  encourage  such  use ;  but  all  the  rights  of  the  public,  as  denned 
by  the  courts,  should  be  fully  protected.  Most  of  the  undeveloped 
water  powers  in  the  state,  which  are  the  only  ones  to  be  affected 
by  future  legislation,  are  located  in  the  unsettled  portions  of  the 
state.  Many  of  them  are  in  the  wilderness  where  for  the  pres- 
ent there  is  no  public  to  be  served  by  them,  and  where,  for  years 
to  come,  they  must  be  used  for  private  purposes,  if  used  at  all. 
\Vhile  the  latent  power  of  numerous  streams  in  the  northern  part 
of  the  state  is  being  wasted  because  no  one  will  invest  in  water 
power  development  under  existing  laws,  settlers  in  that  region, 
for  want  of  a  market,  are  burning  the  hemlock  and  other  forest 
woods  which  might,  by  the  aid  of  water  power,  be  converted  into 
paper  and  other  products. 

A  great  many  of  our  Wisconsin  cities,  in  the  central  and  south- 
ern portions  of  the  state,  owe  their  location  and  existence  to 
water  power  advantages,  the  use  of  which  the  law  formerly  en- 
couraged. A  like  development  of  the  northern  parts  of  the  state 
will  be  greatly  hampered  if  the  law,  as  applied  to  them,  discour- 
ages investment. 

It  would  seem  to  be  the  part  of  wisdom  to  promptly  enact  a 
water  power  bill  which  will  encourage  owners  to  develop  these 
powers  and  use  them  for  the  purposes  to  which  they  can  now  be 
put,  making  at  the  same  time  ample  provision  safeguarding  the 
rights  of  the  state  and  providing  that  when  the  state  or  any 
municipality  shall  require  the  powers  for  any  recognized  public 
use  they  shall  be  available  therefor  upon  payment  of  the  consti- 
tutional compensation.  If  they  can  be  used  to  operate  paper  or 
pulp  mills  or  other  factories  it  will  result  in  cities  and  towns 
springing  up,  as  well  as  in  giving  to  the  settlers  in  our  wild  lands 
a  market  for  their  forest  products  and  the  produce  of  their  farms. 

So  long  as  the  present  system  of  serving  the  public  with  light, 
heat,  power  and  other  utilities  by  means  of  private  corporations 
prevails,  it  would  seem  desirable  to  give  to  such  private  corpora- 
tions the  right  to  take  over  developed  or  undeveloped  water  powers 
with  which  to  generate  electrical  energy  for  public  use  whenever 
in  the  opinion  of  the  railway  commission  the  public  can  be  best 
served  by  so  doing.  Ample  provision  should  be  made  to  insure 


SESSION  OF  1915  27 

safety  in  the  construction  and  operation  of  dams  and  other  hy- 
draulic works. 

Formerly  franchises  for  the  erection  of  dams  and  the  improve- 
ment of  streams  were  granted  hy  special  acts,  but  it  seems  de- 
sirable to  pass  a  general  law  authorizing  the  Railroad  Commis- 
sion to  investigate  each  application  and  grant  permits  or  fran- 
chises under  such  conditions  as  the  legislature  shall  prescribe. 

Too  MANY  LAWS 

Permit  me  to  suggest  to  you  that  there  is  no  demand  in  this 
state  at  this  time  for  much  new  legislation.  The  legislatures  that 
have  assembled  here  in  recent  years  were  evidently  possessed  with 
the  idea  that  every  human  ill  can  be  corrected  by  statute.  The 
last  legislature  seemed  to  be  particularly  active.  It  remained  in 
session  for  eight  months  and  passed  778  laws. 

Laws  that  are  not  supported  by  public  sentiment  or  for  which 
there  is  no  general  demand  are  but  poorly  observed;  and  non- 
observance  of  the  law  creates  contempt  for  all  law.  This  legis- 
lature can  render  the  people  a  service  by  removing  from  the  statute 
books  a  large  number  of  laws  that  are  useless  because  public 
opinion  does  not  support  them.  People  wish  to  be  helped  rather 
than  hampered  by  government,  and  government  will  render  them 
the  best  service  when  it  confines  its  activities  to  those  things  for 
which  government  was  created.  In  the  past  ten  years  this  state 
has  made  a  national  reputation  for  so-called  progressive  legisla- 
tion. Business  men  declare  that  we  have  been  fighting  business. 
The  results  of  the  last  election  clearly  indicate  that  the  people 
have  reversed  their  policy  in  this  respect,  and  they  now  demand 
a  government  that  will  encourage  rather  than  hamper  the  develop- 
ment of  industry. 

EMANUEL  L.  PHILIPP, 

Governor. 

EXECUTIVE  COMMUNICATIONS 

To  the  Honorable,  the  Senate: 

Pursuant  to  the  statutes  governing,  I  hereby  nominate  and, 
by  and  with  the  consent  of  the  Senate,  appoint 

Carl  D.  Jackson,  of  Oshkosh,  Wisconsin,  to  be  a  member  of 
the  Railroad  Commission  of  Wisconsin  for  the  balance  of  the 


28  MESSAGES  TO  THE  LEGISLATURE 

unexpired  term  ending  on  the  first  Monday  in  February,  1919, 
vice  John  H.  Roemer,  resigned. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 
Dated,  January  19,  1915. 


To  the  Honorable,  the  Legislature: 

Gentlemen:  This  is  to  formally  notify  you  that  pursuant  to 
the  statute  governing,  I  have  this  day  appointed  the  following 
members  of  the  Senate  and  Assembly  to  constitute  the  visiting 
committee : 

From  the  Senate: 

Platt  Whitman,  of  Highland, 
W.  W.  Albers,  of  Wausau, 
From  the  Assembly: 

Carl  Kurtenacker,  of  La  Crosse, 
Charles  Lentz,  of  Mayville, 
Frank  L.  McGowan,  of  Endeavor, 
Frank  B.  Metcalfe,  of  Milwaukee. 

The  commissions  of  the  members  of  this  committee  have  been 
transmitted  to  the  sergeant-at-arms  of  the  Senate  and  Assembly. 

Respectfully  submitted, 

EMANTJEL  L.  PHILIPP, 

Governor. 
Dated,  January  20,  1915. 


THE  STATE  OF  WISCONSIN, 

Jan.  26,  1915. 
Executive  Department. 
To  the  Honorable,  the  Legislature: 

Pursuant  to  the  requirements  of  law,  I  have  the  honor  to  sub- 
mit herewith  the  report  of  the  Honorable  Francis  E.  McGovern 
of  expenditures  from  the  Governor's  contingent  fund  during  the 
period  from  January  1st,  1913,  to  January  4th,  1915. 

Respectfully  submitted, 

EMANTJEL  L.  PHILIPP, 

Governor. 
January  26,  1915. 


SESSION  OF  1915  29 

To  the  Honorable,  the  Legislature: 

Pursuant  to  the  requirements  of  law,  I  have  the  honor  to  re- 
port the  following  expenditures  from  the  Governor's  contingent 
fund,  during  the  period  beginning  on  the  first  day  of  January, 
1913,  and  ending  at  noon  on  the  fourth  day  of  January,  1915. 

Subscription  to  newspapers  and  magazines $    356.33 

1913  inaugural,  state  dinner,  legislative  reception,  re- 
ception to  Mayor  Blankenburg  and  visiting  Philadel- 
phians,  and  reception  and  entertainment  of  governors 

attending  conference  of  governors 1,459.06 

Caring  for  Governor  Harvey's  grave  for  two  years 10.00 

ISTorwegian  centennial  202.25 

Extra  stenographic  service  required  in  executive  office, 
and  to  Welsh  &  Carney  for  reporting  governors'  con- 
ference, and  to  John  R.  Hayes  for  expenses  incurred 

in  investigating  Essman  case 638.11 

Express,  telephone  and  telegraph 102.28 

Printing   144.75 

Railroad  fare  and  traveling  expenses  of  private  secre- 
tary, executive  clerk  and  Dr.  J.  W.  Coon 72.58 

Charity,  Red  Cross  seals,  contribution  to  soldiers'  monu- 
ment, etc 96.08 

Notary  fee  and  seal  for  office 3.75 

A.  C.  Umbreit  and  H.  L.  Butler  for  counsel  fees  and 

court  costs  in  state  cases 3,352.06 

Reward  for  capture  of  murderer  of  Ole  Johnson  K jorum 
(certified  to  sec.  of  state  for  payment  under  section 

132,  Wis.  statutes) 500.00 

Miscellaneous  cash  disbursement. .  8.31 


$6,945.56 

Cash  on  hand  Jan.  1,  1913 $    253.27 

Credit,  Jan.  1,  1913,  at  office  of  sec.  of  state.  3,500.00 
Appropriation  under  section  172-2,  Wisconsin 

statutes    4,000.00 


$7,753.27     $7,753.27 


30  MESSAGES  TO  THE  LEGISLATURE 

Expended  to  noon,  Jan.  4,  1915 $6,945.56 

On  hand  Jan.  4,  1915 807.71 


$7,753.27     $7,753.27 
Respectfully  submitted, 
(Signed)  FRANCIS  E.  McGOVERX, 

Governor. 
January  4,  1915. 


To  the  Honorable,  the  Legislature: 

Pursuant  to  the  requirements  of  the  law,  I  have  the  honor  to 
submit  herewith  the  report  of  the  Honorable  Francis  E.  Mc- 
Govern  as  to  pardons  and  commutations  of  sentence  granted  dur- 
ing the  term  beginning  the  first  Monday  in  January,  1913,  and 
ending  on  the  first  Monday  in  January,  1915. 

Respectfully  submitted, 
(Signed)  EMANUEL  L.  PHILIPP, 

Governor. 
Dated,  January  26,  1915. 


To  the  Honorable,  the  Legislature: 

I  have  the  honor  to  submit  the  following  report  of  conditional 
pardons,  pardons  and  commutations  of  sentence  granted  during 
the  term  beginning  the  first  Monday  in  January,  1913  and  end- 
ing on  the  first  Monday  in  January,  1915,  together  with  the  rea- 
sons which  controlled  executive  action,  as  required  by  Section  6, 
Article  V  of  the  Constitution  of  the  State  of  Wisconsin. 

PARDOXS  TO  RESTORE  RIGHTS  OF  CITIZENSHIP  AFTER 
EXPIRATION  OF  SENTENCE. 

Bert  Kreger — Convicted  before  the  circuit  court  for  Green 
County,  on  the  10th  day  of  March,  1909,  of  the  crime  of  burglary 
in  the  night  time  and  sentenced  to  state  prison  at  Waupun  for 
the  term  of  five  years.  Pardon  granted  restoring  rights  of  citi- 
zenship January  18,  1913. 

Otto  Kutz — Convicted  before  the  circuit  court  for  Marathon 
County,  on  the  5th  day  of  June,  1911,  of  the  crime  of  larceny 
and  sentenced  to  state  prison  at  Waupun  for  the  term  of  nine 
months.  Pardon  granted  restoring  rights  of  citizenship  on  Feb- 
ruary 3,  1913. 


SESSION  OF  1915  31 

Arthur  Birkholz — Convicted  before  the  municipal  court  for  Mar- 
athon County,  on  the  14th  day  of  August,  1911,  of  the  crime  of 
burglary  and  sentenced  to  Wisconsin  State  Keformatory  at  Green 
Bay  for  the  term  of  18  months.  Pardon  granted  restoring  rights 
of  citizenship  on  February  12,  1913. 

Matthew  Ryterski — Convicted  before  the  municipal  court  for  Mil- 
waukee County,  on  the  26th  day  of  May,  1891,  of  the  crime  of 
burglary,  and  sentenced  to  the  Milwaukee  County  House  of  Cor- 
rection for  the  term  of  three  years.  Pardon  granted  restoring 
rights  of  citizenship  on  February  14,  1913. 

Sherman  B.  Spencer— Convicted  before  the  circuit  court  for 
Green  Lake  County  on  the  22nd  day  of  June,  1906,  of  the  crime 
of  failure  to  support  his  wife  and  sentenced  to  State  Prison  at 
Waupun  for  the  term  of  one  year.  Pardon  granted  restoring 
rights  of  citizenship  on  February  25,  1913. 

Andrew  W.  Olson — Convicted  before  the  municipal  court  for 
Dane  County  on  the  2nd  day  of  August,  1911,  of  the  crime  of 
adultery,  and  sentenced  to  State  Prison  at  Waupun  for  the  term 
of  one  year.  Pardon  granted  restoring  rights  of  citizenship  on 
March  24,  1913. 

Theodore  Deletzke — Convicted  before  the  circuit  court  for  Shaw- 
ano  County,  on  the  llth  day  of  March,  1908,  of  the  crime  of 
forgery,  and  uttering  forged  instrument,  and  sentenced  to  state 
Prison  at  Waupun  for  the  term  of  five  years.  Pardon  granted 
restoring  rights  of  citizenship  on  March  24,  1913. 

Joseph  Glass — Convicted  before  the  circuit  court  for  Marinette 
County,  on  the  16th  day  of  January,  1909,  of  the  crime  of  as- 
sault with  intent  to  rob,  and  sentenced  to  State  Prison  at  Waupun 
for  the  term  of  five  years.  Pardon  granted  restoring  rights  of 
citizenship  on  April  3,  1913. 

Thomas  E.  Goodwin — Convicted  before  the  circuit  court  for 
Dodge  County,  on  the  2nd  day  of  December,  1902,  of  the  crime 
of  assault  with  intent  to  do  great  bodily  harm  and  sentenced  to 
State  Prison  at  Wa/upun  for  the  term  of  ten  years.  Pardon 
granted  restoring  rights  of  citizenship  on  April  11,  1913. 

Herman  Heinrich — Convicted  before  the  circuit  court  for  Mara- 
thon County,  on  the  llth  day  of  March,  1902,  of  the  crime  of 
burglary  and  sentenced  to  State  Prison  at  Waupun  for  the  term 
of  three  years.  Pardon  granted  restoring  rights  of  citizenship 
on  May  9,  1913. 


32  MESSAGES  TO  THE  LEGISLATURE 

Emil  Jaegar — Convicted  before  the  district  court  for  Milwau- 
kee County  on  the  loth  day  of  March,  1906,  of  the  crime  of 
burglary,  and  sentenced  to  the  state  reformatory  at  Green  Bay 
for  the  term  of  not  less  than  three  nor  more  than  five  years.  Par- 
don granted  restoring  rights  of  citizenship  on  May  14,  1913. 

William  Burr — Convicted  before  the  circuit  court  for  Shawano 
County,  on  the  20th  day  of  November,  1907,  of  the  crime  of  as- 
sault with  intent  to  kill,  and  sentenced  to  State  Prison  at  Wau- 
pun  for  the  term  of  three  years.  Pardon  granted  restoring  rights 
of .  citizenship  on  June  24,  1913. 

Frank  Gaskey — Convicted  before  the  circuit  court  for  Portage 
County,  on  the  12th  day  of  October,  1911,  of  the  crime  of  em- 
bezzlement, and  sentenced  to  state  prison  at  Waupun  for  the  term 
of  eight  months.  Pardon  granted  restoring  rights  of  citizenship 
on  June  24,  1913. 

Alexander  J.  Schweicliler — Convicted  before  the  municipal  court 
for  Milwaukee  County,  on  the  1st  day  of  June,  1912,  of  the  crime 
of  attempted  criminal  operation,  and  sentenced  to  the  Milwaukee 
County  House  of  Correction  for  the  term  of  one  year.  Pardon 
granted  restoring  rights  of  citizenship  on  June  26,  1913. 

George  T.  Gilbertson — Convicted  before  the  county  court  for 
La  Crosse  County,  on  the  25th  day  of  January,  1909,  of  the  crime 
of  abandonment,  and  sentenced"  to  state  prison  at  Waupun  for 
the  term  of  one  year.  Pardon  granted  restoring  rights  of  citi- 
zenship on  July  22,  1913. 

Eden  Snyder — Convicted  before  the  municipal  court  for  Mil- 
waukee County,  on  the  20th  day  of  January,  1911,  of  the  crime 
of  grand  larceny,  and  sentenced  to  the  state  reformatory  at  Green 
Bay  for  the  term  of  one  year.  Pardon  granted  restoring  rights 
of  citizenship  on  September  23,  1913. 

George  R.  Howitt — Convicted  before  the  circuit  court  for  St. 
Croix  County,  on  the  28th  day  of  September,  1910,  of  the  crime 
of  forgery,  and  sentenced  to  state  prison  at  Waupun  for  the  term 
of  three  years.  Pardon  granted  restoring  rights  of  citizenship  on 
October  3,  1913. 

Austin  Fossnight — Convicted  before  the  circuit  court  for  La- 
fayette County,  on  the  24th  day  of  June,  1896,  of  the  crime  of 
seduction  and  sentenced  to  state  prison  at  Waupun  for  the  term 
of  two  years.  Pardon  granted  restoring  rights  of  citizenship  on 
November  5,  1913. 


SESSION  OF  1915  33 

Earl  E.  Richard — Convicted  before  the  circuit  court  for  Oneida 
County  on  the  29th  day  of  September,  1910,  of  the  crime  of  lar- 
ceny, and  sentenced  to  state  prison  at  Waupun  for  the  term  of 
two  years.  Pardon  granted  restoring  rights  of  citizenship  on 
November  26,  1913. 

Frank  P.  Morris — Convicted  before  the  circuit  court  for  Winne- 
bago  County,  on  the  10th  day  of  December,  1909,  of  the  crime  of 
burglary,  and  sentenced  to  state  prison  at  Waupun  for  the  term 
of  five  years.  Pardon  granted  restoring  rights  of  citizenship  on 
December  6,  1913. 

Otto  Jeranek — Convicted  before  the  circuit  court  for  Outagamie 
County,  on  the  20th  day  of  May,  1905,  of  the  crime  of  murder  in 
the  third  degree,  and  sentenced  to  state  prison  at  Waupun  for  the 
term  of  ten  years.  Pardon  granted  restoring  rights  of  citizenship 
on  December  19,  1913. 

Arthur  A.  McCormack — Convicted  before  the  circuit  court  for 
Milwaukee  County  on  the  22nd  day  of  November,  1905,  of  the 
crime  of  accepting  a  bribe  and  sentenced  to  pay  a  fine  of  three 
hundred  and  fifty  dollars.  Pardon  granted  restoring  rights  of 
citizenship  on  December  27,  1913. 

Anton  Benson — Convicted  before  the  circuit  court  for  Eau  Claire 
County,  on  the  24th  day  of  March,  1909,  of  the  crime  of  rape,  and 
sentenced  to  state  prison  at  Waupun  for  the  term  of  seven  years. 
Pardon  granted  restoring  rights  of  citizenship  on  December  30, 
1913,  on  recommendation  of  the  warden  of  the  prison  and  the 
judge  and  district  attorney  advising  that  they  did  not  oppose 
restoration  to  citizenship. 

Leopold  Laev — Convicted  before  the  municipal  court  for  Mil- 
waukee County,  on  the  10th  day  of  January,  1912,  of  the  crime 
of  making  false  statement  to  bank  for  purpose  of  procuring  credit 
with  intent  to  defraud,  and  sentenced  to  the  Milwaukee  County 
House  of  Correction  for  the  term  of  one  year.  Sentence  becoming 
effective  on  January  8,  1913.  Pardon  granted  restoring  rights  of 
citizenship  on  December  30,  1913,  on  recommendation  of  judge, 
district  attorney  and  other  court  officers. 

Joseph  Ignac  Hrad—  Convicted  before  the  circuit  court  for  Ka- 
cine  County,  on  the  29th  day  of  April,  1907,  of  the  crime  of 
manslaughter,  and  sentenced  to  state  prison  at  Waupun  for  the 
term  of  three  years.  Pardon  granted  restoring  rights  of  citizen- 
ship on  January  24,  1914. 


34  MESSAGES  TO  THE  LEGISLATURE 

William  Fiedler — Convicted  before  the  municipal  court  for  Rock 
Count)',  on  the  llth  day  of  December,  1908,  of  the  crime  of  plac- 
ing ties  on  a  railroad  track,  and  sentenced  to  state  prison  at 
Waupun  for  the  term  of  four  years.  Pardon  granted  restoring 
rights  of  citizenship  on  January  28,  1914. 

Francis  E.  Mathews — Convicted  before  the  circuit  court  for 
Lincoln  County,  on  the  4th  day  of  November,  1911,  of  the  crime 
of  taking  indecent  and  improper  liberties  with  a  female  child 
under  the  age  of  fourteen  years  without  intent  to  commit  rape, 
and  sentenced  to  state  prison  at  Waupun  for  the  term  of  one  year. 
Pardon  granted  restoring  rights  of  citizenship  on  February  24, 
1914. 

Albert  James  Van  Haltren — Convicted  before  the  municipal 
court  for  Milwaukee  County,  on  the  6th  day  of  March,  1909,  of 
the  crime  of  larceny  from  the  person,  and  sentenced  to  the  Mil- 
waukee County  House  of  Correction  for  the  term  of  eighteen 
months.  Pardon  granted  restoring  rights  of  citizenship  on  March 
3,  1914. 

John  Schmidt — Convicted  before  the  municipal  court  for  Mil- 
waukee County,  on  the  28th  day  of  July,  1910,  of  the  crime  of 
burglary  and  sentenced  to  the  state  reformatory  at  Green  Bay,  for 
the  term  of  eighteen  months.  Pardon  granted  restoring  rights 
of  citizenship  on  March  5,  1914. 

Harry  Meyers — Convicted  before  the  municipal  court  for  Rock 
County,  on  the  13th  day  of  October,  1908,  of  the  crime  of  larceny 
from  the  person  and  sentenced  to  state  reformatory  at  Green  Bay 
for  the  term  of  two  years.  Pardon  granted  restoring  rights  of 
citizenship  on  March  10,  1914. 

Eugene  Large — Convicted  before  the  circuit  court  for  Kewaunce 
County,  on  the  17th  day  of  September,  1907,  of  the  crime  of 
burglary  and  sentenced  to  state  reformatory  at  Green  Bay  for  the 
term  of  one  year.  Pardon  granted  restoring  rights  of  citizenship 
on  March  18,  1914. 

Fred  J.  Witzel — Convicted  before  the  municipal  court  for  Mil- 
waukee County,  on  the  3rd  day  of  April,  1912,  of  the  crime  of 
embezzlement,  and  sentenced  to  state  reformatory  at  Green  Bay 
for  the  term  of  one  year.  Pardon  granted  restoring  rights  of 
citizenship  on  March  19,  1914. 

H.  M.  Femrite — Convicted  before  the  municipal  court  for  Dane 
County  on  the  21st  day  of  June,  1907,  of  the  crime  of  forgery, 


SESSION  OF  1915  35 

and  sentenced  to  state  reformatory  at  Green  Bay  for  the  term  of 
one  year.  Pardon  granted  restoring  rights  of  citizenship  on  April 
6,  1914. 

Henry  Fiscus — Convicted  before  the  municipal  court  for  Dane 
County  on  the  19th  day  of  June,  1911,  of  the  crime  of  burglary, 
and  sentenced  to  siate  reformatory  at  Green  Bay  for  the  term  of 
one  year.  Pardon  granted  restoring  rights  of  citizenship  on  April 
6,  1914. 

Edward  A.  Schantz — Convicted  before  the  circuit  court  for 
Ashland  County  on  the  loth  day  of  April,  1908,  of  the  crime  of 
burglary  and  sentenced  to  Wisconsin  State  Reformatory  at  Green 
Bay  for  the  term  of  one  year.  Pardon  granted  restoring  rights  of 
citizenship  on  April  13,  1914. 

Norman  Riley — Convicted  before  the  municipal  court  for  Mil- 
waukee County,  on  the  4th  day  of  October,  1910,  of  the  crime  of 
burglary,  and  sentenced  to  state  reformatory  at  Green  Bay  for  the 
term  of  one  year.  Pardon  granted  restoring  rights  of  citizenship 
on  April  17,  1914. 

Albert  Pierce — Convicted  before  the  circuit  court  for  Portage 
County,  on  the  31st  day  of  March,  1906,  of  the  crime  of  assault 
with  intent  to  rape,  and  sentenced  to  state  prison  at  Waupun  for 
the  term  of  one  year.  Pardon  granted  restoring  rights  of  citizen- 
ship on  April  27,  1914. 

Emil  Hoeppner — Convicted  before  the  municipal  court  for 
Winnebago  County,  on  the  24th  day  of  October,  1911,  of  the  crime 
of  larceny,  and  sentenced  to  state  prison  at  Waupun  for  the  term 
of  three  years.  Pardon  granted  restoring  rights  of  citizenship  on 
June  4,  1914. 

Charles  E.  Hitchon — Convicted  before  the  circuit  court  for 
Marinette  County,  on  the  10th  day  of  October,  1912,  of  the  crime 
of  bribery,  and  sentenced  to  pay  a  fine  of  five  hundred  dollars  and 
costs.  Pardon  granted  restoring  rights  of  citizenship  on  June 
12,  1914. 

Samuel  J.  Poad — Convicted  before  the  circuit  court  for  Iowa 
County,  on  the  30th  day  of  September,  1911,  of  the  crime  of  assault 
with  intent  to  do  great  bodily  harm  and  sentenced  to  state  prison 
at  Waupun  for  the  term  of  two  years.  Pardon  granted  restoring 
rights  of  citizenship  on  August  1,  1914. 

Edward  Wegner — Convicted  before  the  municipal  court  for 
Waukesha  County,  on  the  13th  day  of  August,  1912,  of  the  crime 


36  MESSAGES  TO  THE  LEGISLATURE 

of  grand  larceny  and  sentenced  to  state  reformatory  at  Green  Bay 
for  the  term  of  one  year.  Pardon  granted  restoring  rights  of 
citizenship  on  August  28,  1914. 

Leonard  M.  Scott — Convicted  before  the  circuit  court  for  Grant 
County,  on  the  23rd  day  of  February,  1910,  of  the  crime  of 
adultery,  and  sentenced  to  state  prison  at  Waupun  for  the  term 
of  eighteen  months.  Pardon  granted  restoring  rights  of  citizen- 
ship on  August  28,  1914. 

Leo  Wackier — (Convicted  before  the  county  court  for  Barren 
County,  on  the  9th  day  of  November,  1906,  of  the  crime  of  burglary 
in  the  night  time  and  sentenced  to  Wisconsin  State  Reformatory 
at  Green  Bay  for  a  term  of  thirteen  months.  Pardon  granted  re- 
storing rights  of  citizenship  on  August  28,  1914. 

Edward  Schwartz — Convicted  before  the  municipal  court  for 
Winnebago  County,  on  the  6th  day  of  February,  1911,  of  the  crime 
of  embezzlement  and  sentenced  to  state  prison  at  "Waupun  for  the 
term  of  three  and  one-half  years.  Pardon  granted  restoring  rights 
of  citizenship  on  August  28,  1914. 

Max  Hahn — Convicted  before  the  municipal  court  for  Outagamie 
County  on  the  23rd  day  of  September,  1909,  of  the  crime  of 
forgery,  and  sentenced  to  state  reformatory  at  Green  Bay  for  the 
term  of  one  year.  Pardon  granted  restoring  rights  of  citizenship 
on  August  29,  1914. 

Lawrence  Sullivan— Convicted  before  the  municipal  court  for 
Rock  County  on  the  19th  day  of  March,  1907,  and  again  on  the 
10th  day  of  July,  1900,  of  the  crime  of  drunkenness  and  sentenced 
to  state  prison  at  Waupun  for  the  term  of  one  year.  Pardon 
granted  restoring  rights  of  citizenship  on  September  9,  1914. 

Christ  J.  Athanasopoulos — Convicted  before  the  circuit  court 
for  Washington  County,  on  the  6th  day  of  June,  1910,  of  the  crime 
of  sodomy,  and  sentenced  to  state  prison  at  Waupun  for  the  term 
of  four  years.  Pardon  granted  restoring  rights  of  citizenship  on 
September  14,  1914. 

Fred  Schulz — Convicted  before  the  circuit  court  for  Lincoln 
County,  on  the  30th  day  of  August,  1910,  of  the  crime  of  em- 
bezzlement and  sentenced  to  state  prison  at  Waupun  for  the  term 
of  two  years.  Pardon  granted  restoring  rights  of  citizenship  on 
September  14,  1914. 

Jay  Brewer — Convicted  before  the  municipal  court  for  Rock 
County,  on  the  29th  day  of  November,  1912,  of  the  crime  of 


SESSION  OF  1915  37 

larceny  from  the  person  and  sentenced  to  state  prison  at  Waupun 
for  the  term  of  two  }rears.  Pardon  granted  restoring  rights  of 
citizenship  on  September  21,  1914. 

Edward  C.  McDermott — Convicted  before  the  circuit  court  for 
Washington  County  on  the  5th  day  of  June,  1912,  of  the  crime 
of  burglary  and  sentenced  to  state  prison  at  Waupun  for  the  term 
of  one  year.  Pardon  granted  restoring  rights  of  citizenship  on 
October  17,  1914. 

Arthur  Nelson — Convicted  before  the  municipal  court  for  Win- 
nebrago  County,  on  the  llth  day  of  June,  1909,  of  the  crime  of 
larceny,  and  sentenced  to  state  reformatory  at  Green  Bay  for  the 
term  of  one  year.  Pardon  granted  restoring  rights  of  citizenship 
on  October  17,  1914. 

Clarence  Killips — Convicted  before  the  municipal  court  for 
Waukesha  County  on  the  12th  day  of  December,  1908,  of  the 
crime  of  receiving  stolen  property,  and  sentenced  to  state  prison 
at  Waupun  for  the  term  of  nine  months.  Pardon  granted  restor- 
ing rights  of  citizenship  on  October  29,  1914. 

Garrett  Kerwin — Convicted  before  the  county  court  for  Craw- 
ford County,  on  the  2nd  day  of  July,  1913,  of  the  crime  of 
adultery,  and  sentenced  to  state  prison  at  Waupun  for  the  term 
of  one  year.  Pardon  granted  restoring  rights  of  citizenship  on 
December  31,  1914. 

Frank  E.  Clement — Convicted  before  the  circuit  court  for 
Juncau  County,  on  the  10th  day  of  October,  1910,  of  the  crime 
of  obstructing  a  railroad  track,  and  sentenced  to  state  prison  at 
Waupun  for  the  term  of  four  years.  Pardon  granted  restoring 
rights  of  citizenship  on  November  6,  1914. 

Hollie  McCallum — Convicted  before  the  circuit  court  for  Juneau 
County,  on  the  10th  day  of  October,  1910,  of  the  crime  of  ob- 
structing a  railroad  track,  and  sentenced  to  state  prison  at  Waupun 
for  the  term  of  four  years.  Pardon  granted  restoring  rights  of 
citizenship  on  November  21,  1914. 

Andrew  Handle — Convicted  before  the  circuit  court  for  Ash- 
land County,  on  the  22nd  day  of  September,  1902,  of  the  crime  of 
sodomy,  and  sentenced  to  state  prison  at  Waupun,  for  the  term 
of  eighteen  months.  Pardon  granted  restoring  rights  of  citizen- 
ship on  December  1,  1914. 

In  all  the  above  cases,  except  where  otherwise  noted,  the  pardon 
restoring  rights  of  citizenship  was  not  granted  until  the  applicant 


38  MESSAGES  TO  THE  LEGISLATURE 

had  been  discharged  for  one  year  or  more,  or  had  been  paroled  for 
a  period  of  a  year  or  more  prior  to  the  expiration  of  sentence,  and 
until  petitions  had  been  filed  signed  by  reputable  people  testifying 
to  the  applicant's  worthiness  to  be  restored  to  citizenship. 

ABSOLUTE  PARDON  FROM  THE  STATE  PRISON  AT  WAUPUN 

John  Gross — Convicted  before  the  municipal  court  for  Milwau- 
kee County,  on  the  7th  day  of  June,  1904,  of  the  crime  of 
burglary,  and  sentenced  to  state  prison  at  Waupun  for  the  term 
of  fifteen  years.  On  March  4,  1913,  an  absolute  pardon  was  granted, 
the  prisoner  having  served  all  but  ten  days  of  his  sentence,  having 
made  a  good  record  while  on  parole  and  a  pardon  being  necessary 
in  order  to  qualify  him  to  take  a  homestead  claim.  Lieutenant 
M.  B.  Briscoe.  TJ.  S.  A.,  Boise  Barracks,  Idaho,  endorsed  the  appli- 
cation of  Gross  for  a  pardon. 

George  Wightman — Convicted  before  the  circuit  court  for  Fond 
du  Lac  County,  on  the  22nd  day  of  Xovember,  1899,  of  the  crime 
of  murder  in  the  first  degree,  and  sentenced  to  state  prison  at 
Waupun  for  the  term  of  his  natural  life.  The  application  for  the 
pardon  of  Wightman  was  first  denied  on  December  21,  1911.  On 
May  12,  1913,  it  was  reopened  and  it  appearing  that  the  prisoner's 
health  was  breaking  rapidly  and  that  owing  to  his  advanced  age 
his  recovery  was  impossible  and  that  further  confinement  would 
materially  hasten  his  death  he  was  granted  an  absolute  pardon. 
The  prisoner  died  in  prison  on  May  13,  1913,  about  seven  hours 
before  the  pardon  reached  the  prison.  He  was  informed,  how- 
ever, by  prison  officials  that  an  absolute  pardon  had  been  granted 
him  so  he  did  not  die  in  ignorance  of  the  fact  that  clemency  had 
been  extended  to  him. 

Max  Scheniatzaij — Convicted  before  the  circuit  court  for  Milwau- 
kee County,  on  the  llth  day  of  March,  1911,  of  the  crime  of  re- 
ceiving stolen  property,  and  sentenced  to  state  prison  at  Waupun 
for  the  term  of  two  and  one-half  years,  which  sentence  was  sus- 
pended and  the  prisoner  placed  on  probation  in  the  custody  and 
under  the  control  of  the  state  board  of  control.  On  September  4, 
1913,  he  was  granted  an  absolute  pardon,  his  sentence  having 
nearly  expired  and  his  record  while  on  probation  entitling  him  to 
clemency. 

Henry  E.  Cornell — Convicted  before  the  circuit  court  for  Fond 


SESSION  OF  1915  39 

du  Lac  County,  on  the  10th  clay  of  December,  1910,  of  the  crime 
of  assault  with  intent  to  commit  murder  in  the  second  degree,  and 
sentenced  to  State  Prison  at  Waupun  for  the  term  of  three  years. 
On  December  1,  1913,  Cornell  was  granted  an  absolute  pardon  for 
the  reason  that  but  nine  days  remained  to  his  sentence,  that  the 
conditions  of  his  parole  had  been  faithfully  kept  and  that  a  pardon 
in  his  case  operated  merely  to  restore  citizenship. 

Irving  Allen — Convicted  before  the  circuit  court  for  Fond  du 
Lac  County,  on  the  8th  day  of  December,  1910,  of  the  crime  of 
perjury  and  sentenced  to  State  Prison  at  Waupun  for  the  term  of 
three  years.  On  December  1,  1913,  Allen  was  granted  an  absolute 
pardon  for  the  reason  that  but  seven  days  remained  to  his  sentence, 
that  the  conditions  of  his  parole  had  been  faithfully  kept  and  that 
a  pardon  in  his  case  operated  merely,  to  restore  citizenship. 

Marie  Novkovic — Convicted  before  the  municipal  court  for  Mil- 
waukee County,  on  the  4th  day  of  March,  1911,  of  the  crime  of 
murder  in  the  first  degree,  and  sentenced  to  State  Prison  at  Wau- 
pun for  the  term  of  her  natural  life.  On  June  4,  1914,  she  was 
granted  an  absolute  pardon  for  the  reason  that  a  study  of  the  evi- 
dence showed  that  the  greatest  offense  of  which  she  was  guilty 
was  that  of  accessory  after  the  fact.  It  was  further  shown  that 
the  mental  health  of  the  prisoner  would  be  menaced  by  further 
confinement  and  her  pardon  was  recommended  by  the  district  at- 
torney who  prosecuted  her  and  by  the  judge  who  sentenced  her. 
Miss  Katherine  Williams  of  the  state  board  of  control  also  recom- 
mended that  a  pardon  be  granted.  Showing  was  made  that  in  the 
event  a  pardon  was  granted  Mrs.  Novkovic  would  return  to  her 
home  in  Europe. 

Minor  B.  Perkins — Convicted  before  the  circuit  court  for  Wood 
County,  on  the  28th  day  of  March,  1888,  of  the  crime  of  murder 
in  the  first  degree,  and  sentenced  to  State  Prison,  at  Waupun  for 
the  term  of  his  natural  life.  On  June  29,  1914,  he  was  granted 
an  absolute  pardon  for  the  reason  that  a  study  of  the  evidence 
raised  doubt  as  to  whether  the  offense  committed  was  really  first 
degree  murder.  It  was  also  evident  that  he  had  been  sufficiently 
punished,  that  his  conduct  while  on  parole  had  been  exemplary 
and  his  pardon  was  recommended  by  the  State  Board  of  Parole. 

Henry  Lamont — Convicted  before  the  circuit  court  for  Douglas 
County,  on  the  14th  day  of  March,  1896,  of  the  crime  of  murder 
in  the  first  degree,  and  sentenced  to  State  Prison  at  Waupun  for 


40  MESSAGES  TO  THE  LEGISLATURE 

the  term  of  his  natural  life.  On  December  21,  1914,  he  was 
granted  an  absolute  pardon  for  the  reason  that  a  study  of  the  evi- 
dence raised  a  doubt  as  to  whether  or  not  he  was  actually  guilty 
of  the  crime  of  which  he  was  convicted  and  because  his  conduct 
while  on  parole  had  been  exemplary  and  such  as  to  merit  a  pardon. 

Francis  M.  Burris — Convicted  before  the  circuit  court  for  Mon- 
roe County,  on  the  19th  day  of  December,  1876,  of  the  crime  of 
murder  in  the  first  degree,  and  sentenced  to  State  Prison  at  Wau- 
pun  for  the  term  of  his  natural  life.  On  December  18,  1914,  he 
was  granted  an  absolute  pardon  because  his  conduct  during  a  five- 
year  parole  period  merited  such  clemency  and  because  his  absolute 
pardon  was  unanimously  recommended  by  the  State  Board  of  Con- 
trol. 

William  M.  Fuller — Convicted  before  the  circuit  court  for  Dane 
County  on  the  13th  day  of  April,  1898,  of  the  crime  of  murder 
in  the  first  degree,  and  sentenced  to  State  Prison  at  Waupun  for 
the  term  of  his  natural  life.  An  application  for  the  pardon  of 
Fuller  was  denied  on  December  12,  1911.  On  March  21,  1913, 
the  case  was  reopened  and  on  recommendation  of  State  Senator  C. 
A.  Snover  of  Fort  Atkinson  and  Hon.  Ealph  E.  Smith,  President 
of  the  State  Board  of  Control,  and  it  appearing  from  affidavits 
of  Bester,  a  co-defendant,  and  Bester's  sister  that  there  was  doubt 
as  to  whether  Fuller  actually  participated  in  the  murder  and  State 
Senator  Snover  signifying  his  willingness  to  become  guardian  for 
Fuller,  and  the  judge  who  imposed  sentence  not  pressing  his  ob- 
jections and  agreeing  to  the  granting  of  a  conditional  pardon, 
Fuller  was  granted  a  conditional  pardon.  The  conditions  were 
that  he  abstain  absolutely  from  the  use  of  intoxicating  liquors,  that 
he  support  his  father  and  mother  and  that  he  abide  by  such  further 
rules  and  regulations  as  State  Senator  Snover  might  prescribe. 
Early  in  December,  1914,  Senator  Snover  appeared  and  reported 
that  Fuller  had  abided  by  all  the  conditions  of  the  conditional 
pardon,  had  proven  himself  worthy  of  citizenship,  and  that  he  de- 
sired to  return  to  his  wife  and  to  the  son  who  was  born  about 
the  time  Fuller  was  arrested,  and  that  he  (Fuller)  felt  that  he 
could  not  do  so  in  justice  to  the  said  wife  and  son  until  his  full 
freedom  had  been  granted  him,  and  upon  the  recommendation  of 
Senator  Snover  and  President  Smith  on  December  18,  1914,  Fuller 
was  granted  an  absolute  pardon. 

Albert   Martin — Convicted  before  the  circuit  court  for   Clark 


SESSION  or  1915  41 

County,  on  the  6th  day  of  June,  1885,  of  the  crime  of  murder  in 
the  first  degree,  and  sentenced  to  the  State  Prison  at  Waupun 
for  the  term  of  his  natural  life.  On  December  18,  1914,  Martin 
was  granted  an  absolute  pardon  for  the  reason  that  his  conduct 
during  the  long  period  of  parole  had  been  such  as  to  merit  such 
action,  and  because  pardon  was  recommended  by  the  State  Board 
of  Control. 

ABSOLUTE  PARDONS  FKOM  THE  STATE  BEFORMATORY  AT 
GREEN  BAY 

Orin  Shaul — Convicted  before  the  circuit  court  for  Washburn 
County,  on  the  27th  day  of  May,  1912,  of  the  crime  of  breaking 
and  entering  in  the  nightime,  and  sentenced  to  the  State  Ee- 
formatory  at  Green  Bay  for  the  term  of  one  year.  On  March  21, 
1913,  he  was  granted  an  absolute  pardon  on  the  recommendation 
of  the  District  Attorney,  on  showing  that  no  loss  had  been  sus- 
tained by  reason  of  the  crime,  and  in  recognition  of  Shaul's  good 
character  prior  to  his  conviction  for  this  offense. 

Ingwald  Running — Convicted  before  the  circuit  court  for  St. 
Croix  County,  on  the  21st  day  of  May,  1902,  of  the  crime  of 
burglary,  and  sentenced  to  the  State  Reformatory  at  Green  Bay 
for  the  term  of  not  less  than  one  year  nor  more  than  two  years. 
On  December  24,  1913,  Eunning  was  granted  an  absolute  pardon 
for  the  reason  that  notwithstanding  the  fact  that  he  had  escaped 
from  the  Eeformatory  he  had  wholly  reformed,  was  connected  with 
a  good  family  in  Minneapolis,  was  recommended  for  pardon  by 
Governor  Eberhart  of  Minnesota,  who  testified  to  his  reformation, 
that  the  offense  had  been  committed  more  than  a  decade  ago  and 
that  a  pardon  gave  him  opportunity  to  become  a  useful  citizen. 

ABSOLUTE  PARDONS  FROM  THE  MILWAUKEE  COUNTY  HOUSE  OF 

CORRECTION 

Alexander  J.  Schweichler — Convicted  before  the  municipal  court 
for  Milwaukee  County,  on  the  1st  day  of  June,  1912,  of  the  crime 
of  producing  a  miscarriage.  (Section  4583,  Wisconsin  Statutes) 
and  sentenced  to  the  Milwaukee  County  House  of  Correction  for 
the  term  of  one  year.  On  July  22,  1913,  he  was  granted  an  abso- 
lute pardon  for  the  reason  that  he  had  served  the  full  sentence 


42  MESSAGES  TO  THE  LEGISLATURE 

imposed,  that  he  was  seventy-two  years  old,  that  he  could  not 
secure  a  restoration  of  his  physician's  license  unless  pardoned  and 
would,  therefore,  be  without  means  of  earning  a  livelihood,  and 
because  pardon  was  urged  by  many  physicians  and  by  Hon.  A.  C. 
Umbreit  as  counsel  for  the  State  Medical  Society. 

William  Cannon  Kassner — Convicted  before  the  district  court 
for  Milwaukee  County,  on  the  20th  day  of  May,  1912,  of  the 
crime  of  demanding  usury  and  sentenced  to  the  Milwaukee  County 
House  of  Correction  for  a  term  of  thirty  days,  and  in  addition 
thereto  to  pay  a  fine  of  fifty  dollars  and  the  costs  of  prosecution. 
On  September  3,  1913,  he  was  granted  an  absolute  pardon  on  show- 
ing that  he  had  served  eight  days  of  the  imprisonment  sentence 
and  had  paid  the  fine  and  costs  imposed  by  the  court,  and  in  view 
of  the  decision  of  the  Supreme  Court  of  Wisconsin  that  the 
prisoner's  right  of  appeal  to  the  Circuit  Court  had  been  erroneously 
denied. 

M.  M.  Riley — Convicted  before  the  district  court  for  Milwaukee 
County  on  the  23rd  day  of  July,  1913,  of  the  crime  of  being  a 
common  drunkard  and  sentenced  to  the  Milwaukee  County  House 
of  Correction  for  the  term  of  sixty  days.  On  August  21,  1913, 
he  was  granted  an  absolute  pardon  on  the  recommendation  of  the 
district  attorney,  the  judge  who  sentenced  him  and  to  enable 
him  to  return  to  his  wife  and  to  contribute  to  her  support. 

Cora  Goodall— Convicted  before  the  district  court  for  Milwau- 
kee County,  on  the  20th  day  of  April,  1914,  of  the  crime  of 
vagrancy  and  sentenced  to  the  Milwaukee  County  House  of  Cor- 
rection for  the  term  of  ninety  days.  On  June  30,  1914,  she  was 
granted  an  absolute  pardon  on  showing  that  such  action  was  for 
the  best  interest  of  all  concerned,  on  recommendation  of  the  judge 
and  district  attorney  and  because  more  than  two-thirds  of  the 
sentence  imposed  had  been  actually  served. 

ABSOLUTE  PARDOXS  FROM  THE  INDUSTRIAL  SCHOOL  FOR  GIRLS 

Ruth  Nimocks  Barnes — Convicted  before  the  county  court  for 
La  Crosse  County,  on  the  20th  day  of  March,  1909,  of  the  crime 
of  lewd  and  lacivious  conduct  and  sentenced  to  the  Wisconsin  In- 
dustrial School  for  Girls  for  the  term  of  her  minority.  On  Octo- 
ber 7,  1911,  she  was  granted  a  conditional  pardon,  the  conditions 
being  that  she  return  to  her  mother,  conduct  herself  becomingly 


SESSION  OF  191.5  43 

and  report  monthly  to  the  Governor's  office.  On  July  23,  1913. 
upon  showing  that  all  conditions  of  the  conditional  pardon  had 
been  faithfully  kept,  and  in  order  to  permit  her  to  go  to  another 
state  with  her  mother,  the  conditional  pardon  heretofore  granted 
was  made  absolute. 

ABSOLUTE  PARDONS  FROM  THE  INDUSTRIAL  SCHOOL  FOR  BOYS 

Morris  Gullikson — Convicted  before  the  circuit  court  for  Portage 
County,  on  the  29th  day  of  November,  1912,  of  the  crime  of  burg- 
lary, and  sentenced  to  the  Industrial  School  for  Boys  for  the  term 
of  his  minority.  On  September  29,  1913,  on  the  recommendation 
of  the  judge,  the  district  attorney  and  all  county  officers,  and  in 
order  to  permit  him  to  secure  a  high  school  education,  he  was 
granted  a  conditional  pardon,  the  conditions  being  that  he  report 
immediately  to  Hon.  George  B.  Nelson  of  Stevens  Point,  who  was 
the  district  attorney  v/ho  prosecuted  him,  and  abide  by  such  rules 
and  regulations  as  Mr.  Nelson  might  prescribe.  On  December  23, 
1914,  upon  showing  that  he  had  abided  by  all  conditions  imposed, 
and  upon  recommendation  of  the  said  George  B.  Nelson,  Gullikson 
was  granted  an  absolute  pardon. 

ABSOLUTE  PARDONS  FROM  COUNTY  JAIL 

Adolph  Revken — Convicted  before  the  circuit  court  for  Racine 
County,  on  the  23rd  day  of  November,  1912,  of  the  crime  of  know- 
ingly receiving  stolen  goods  and  sentenced  to  the  Racine  County 
Jail  for  the  term  of  six  months.  On  March  21,  1913,  he  was 
granted  an  absolute  pardon  on  showing  that  the  punishment  had 
been  sufficient,  to  meet  the  ends  of  justice,  in  recognition  of  Rev- 
ken's  previous  good  character,  and  on  showing  that  the  judge  who 
imposed  sentence  had  stated  that  imprisonment  of  from  thirty 
to  ninety  days  would  be  sufficient  punishment  for  the  offense 
committed,  and  that  the  said  judge  would  have  imposed  such 
sentence  had  the  law  permitted  him  to  do  so.  Revken  had  served 
a  sixty-day  sentence  at  the  time  the  pardon  was  granted. 

James  Malouf — Convicted  before  the  circuit  court  for  Outagamie 
County,  on  the  25th  day  of  April,  1913,  of  the  crime  of  fornica- 
tion, and  sentenced  to  the  Outagamie  County  Jail  for  the  term  of 
six  months.  On  June  19,  1913,  the  prisoner  having  served  ap- 


44  MESSAGES  TO  THE  LEGISLATURE 

proximately  f-ixty  days,  he  was  granted  an  absolute  pardon,  be- 
cause in  the  opinion  of  the  judge  who  imposed  sentence,  and  in 
the  opinion  of  all  directly  concerned,  the  sentence  actually  imposed 
was  too  severe,  a  sentence  of  from  thirty  to  sixty  days  being  the 
maximum  that  should  have  been  imposed. 

ABSOLUTE  PARDONS  MISCELLANEOUS 

Herman  Spredeman — Convicted  before  the  municipal  court  for 
Milwaukee  County,  on  the  22nd  day  of  April,  1912,  of  the  crime 
of  perjury  and  sentenced  to  be  placed  upon  probation  in  charge 
of  Theodore  Puls  for  the  term  of  one  year.  On  April  21,  1913,  the 
prisoner  having  served  all  but  about  one  week  of  the  probationary 
sentence,  he  was  granted  an  absolute  pardon  on  recommendation 
of  the  judge,  the  district  attorne}*  and  probationer  officer  Puls. 
The  effect  of  this  pardon  was  merely  to  release  the  prisoner  from 
further  custody  and  to  restore  rights  of  citizenship. 

MISCELLANEOUS  CONDITIONAL  PARDONS 

Emily  Stacker — Convicted  before  the  municipal  court  for  Keno- 
eha  County,  on  the  15th  day  of  June,  1912,  of  the  crime  of  fornica- 
tion and  delinquency  and  sentenced  to  the  House  of  the  Good 
Shepherd  in  Milwaukee  for  the  term  of  her  minority.  On  March 
22,  1913,  she  was  granted  a  conditional  pardon,  on  the  recom- 
mendation of  the  judge  who  imposed  sentence,  on  showing  that 
she  had  made  progress  in  her  studies  and  deportment  since  her 
incarceration,  because  ber  mother  needed  her  at  home,  and  because 
it  was  believed  that  a  conditional  pardon  would  work  toward  her 
complete  reformation.  The  conditions  of  the  pardon  were  that 
she  return  to  her  mother,  that  she  lead  a  virtuous  life  and  that 
she  report  in  writing  to  the  Governor  on  the  first  of  each  month. 

CONDITIONAL  PARDONS  FROM  JAILS 

Frank  Harris — Convicted  before  the  municipal  court  for  Mil- 
waukee County,  on  the  6th  day  of  February,  1913,  of  the  crime 
of  assault  with  intent  to  do  great  bodily  harm,  and  sentenced  to 
the  Milwaukee  County  Jail  for  the  term  of  one  year.  On  Septem- 
ber 26,  1913,  he  was  granted  a  conditional  pardon  on  recommen- 


SESSION  or  1915  45 

elation  of  the  judge  and  sheriff  and  on  showing  that  one-half  of 
the  sentence  had  been  served.  The  conditions  of  the  pardon  were 
that  he  keep  the  peace,  refrain  from  the  use  of  intoxicants,  and 
abide  by  such  rules  as  Probation  Officer  Theodore  Puls  might  im- 
pose for  his  guidance. 

Albert  Storandt — Convicted  before  the  county  court  for  La 
Crosse  County,  on  the  26th  day  of  November,  1912,  of  the  crime 
of  assault  with  intent  to  do  great  bodily  harm  and  sentenced  to 
the  La  Crosse  County  Jail  for  the  term  of  six  months.  On  April 
15,  1913,  he  was  granted  a  conditional  pardon  on  showing  that  he 
had  been  sufficiently  punished,  because  the  testimony  showed  that 
his  wife  was  attacking  him  with  a  butcher  knife  when  he  com- 
mitted the  alleged  assault  and  because  a  conditional  pardon  was 
believed  to  be  for  the  best  interest  of  the  defendant  and  all  con- 
cerned. The  conditions  of  the  pardon  were  that  he  refrain  from 
violence,  conduct  himself  as  a  peaceable  and  law-abiding  citizen 
and  report  bi-weekly  to  Hon.  W.  F.  Wolfe  of  La  Crosse. 

CONDITIONAL  PARDONS  FROM  THE  INDUSTRIAL  SCHOOL  FOR  BOYS 

Morris  Gullikson  —  Convicted  before  the  circuit  court  for  Portage 
County,  on  the  29th  day  of  November,  1912,  of  the  crime  of  burg- 
lary and  sentenced  to  the  Wisconsin  Industrial  School  for  Boys 
for  the  term  of  his  minority.  The  report  on  this  case  is  found 
under  the  heading  "Absolute  Pardons  From  The  Industrial  School 
For  Boys." 

CONDITIONAL  PARDONS  FROM  THE  INDUSTRIAL  SCHOOL  FOR  GIRLS 

Laura  fcliane — Convicted  before  the  juvenile  court  for  Milwau- 
kee County,  on  the  25th  day  of  July,  1911,  of  the  crime  of  being 
without  visible  means  of  maintaining  herself,  and  sentenced  to 
the  Wisconsin  Industrial  School  for  Girls  for  the  term  of  her 
minority.  On  March  21,  1913,  she  was  granted  a  conditional  par- 
don, on  recommendation  of  the  district  attorney,  on  showing  that 
home  conditions  had  changed  for  the  better,  on  endorsement  of 
Rev.  Louis  R.  Giroulx  and  others,  and  on  the  guarantee  that  the 
girl  would  be  given  a  business  education  that  would  fit  her  to 
support  herself.  The  conditions  of  the  pardon  were  that  she  re- 


46  MESSAGES  TO  THE  LEGISLATURE 

turn  to  her  home,  that  she  lead  a  virtuous  life,  and  that  she  report 
monthly  to  Rev.  Louis  R.  Giroulx. 

Edna  Taube — Convicted  before  the  juvenile  court  for  Milwau- 
kee County,  on  the  17th  day  of  January,  1911,  of  the  crime  of 
delinquency  and  sentenced  to  the  Industrial  School  for  Girls  for 
the  term  of  her  minority.  On  March  21,  1913,  she  was  granted 
a  conditional  pardon  on  showing  that  home  conditions  had  changed 
for  the  better,  that  her  conduct  on  parole  merited  further  clemency 
and  that  she  was  needed  by  her  mother  at  home,  and  on  recommen- 
dation of  the  district  attorney.  The  conditions  of  the  pardon  were 
that  she  return  to  her  home,  that  she  lead  a  virtuous  life,  that  she 
abide  by  such  regulations  as  might  be  prescribed  by  Probation 
Officer  Theodore  Puls,  that  she  contribute  to  the  support  of  her 
mother,  and  that  these  conditions  were  to  be  in  no  wise  modified 
in  the  event  of  the  girl's  marriage. 

Lorraine  Bade — Convicted  before  the  juvenile  court  for  Milwau- 
kee County,  on  the  14th  day  of  Xovember,  1911,  of  the  crime  of 
incorrigibility  and  sentenced  to  the  Wisconsin  Industrial  School 
for  Girls  for  the  term  of  her  minority.  On  June  25,  1914,  she 
was  granted  a  conditional  pardon  on  recommendation  of  Miss 
Katherine  Williams  of  the  state  board  of  control,  and  in  order  that 
proper  arrangements  might  be  made  for  an  operation,  that  the 
physical  condition  of  the  applicant  for  pardon  demanded  it.  The 
conditional  pardon  was  in  effect  a  parole  of  the  girl  to  Mrs.  M.  H. 
Arndt,  465  Lake  Drive,  Milwaukee. 

CONDITIONAL    PARDONS    FROM    MILWAUKEE    COUNTY    HOUSE   OF 

CORRECTION 

Max  BentTcowski — Convicted  before  the  municipal  court  for  Mil- 
waukee County,  on  the  4th  day  of  October,  1911,  of  the  crime  of 
assault  with  intent  to  do  great  bodily  harm,  and  sentenced  to  Mil- 
waukee County  House  of  Correction  for  the  term  of  three  years. 
On  March  22,  1913,  he  was  granted  a  conditional  pardon  on  recom- 
mendation of  the  district  attorney,  on  showing  that  his  wife  was 
in  debt  and  needed  his  support,  on  proof  that  a  reconciliation  had 
been  effected  and  the  cause  of  the  trouble  removed,  and  to  make 
it  possible  for  the  husband  to  earn  enough  to  lift  the  mortgage 
from  his  bakery.  The  conditions  of  the  pardon  were  that  he  ab- 
stain from  the  use  of  intoxicants  and  abide  by  such  further  rules 


SESSION  or  1915  4? 

and  regulations  as  probation  officer  Theodore  Puls  might  pre- 
scribe for  his  guidance. 

William  A.  Phillips — Convicted  before  the  municipal  court  for 
Milwaukee  County,  on  the  25th  day  of  October,  1912,  of  the  crime 
of  adultery,  and  sentenced  to  the  Milwaukee  County  House  of 
Correction  for  the  term  of  one  year.  On  March  14,  1913,  he  was 
granted  a  conditional  pardon,  on  recommendation  of  the  judge  and 
the  district  attorney,  on  showing  that  his  wife  was  in  need  of  his 
.-up])ort,  and  in  recognition  of  his  previous  good  character.  The 
conditions  of  the  pardon  were  that  he  report  immediately  to  pro- 
bation officer  Theodore  Puls  and  abide  by  such  rules  and  regula- 
tions as  the  said  Theodore  Puls  might  prescribe  for  his  guidance. 

Lawrence  Uollis — Convicted  before  the  district  court  for  Mil- 
waukee County,  on  the  31st  day  of  January,  1914,  of  the  crime 
of  vagrancy,  and  sentenced  to  the  Milwaukee  County  House  of 
Correction  for  the  term  of  ninety  days.  On  March  10,  1914,  he 
was  granted  a  conditional  pardon,  on  recommendation  of  the  judge 
and  district  attorney,  and  to  enable  him  to  support  his  mother  who 
\vas  in  need.  The  conditions  of  the  pardon  were  that  he  support 
his  mother,  and  abide  by  such  further  rules  and  regulations  as  pro- 
bation officer  Theodore  Puls  might  prescribe  for  his  guidance. 

CONDITIONAL  PARDONS  FROM  WISCONSIN  STATE  PRISON 

William  M.  Fuller — This  case  is  reported  on  under  the  heading 
"Absolute  Pardons  from  the  State  Prison." 

Joseph  Davis — Convicted  before  the  municipal  court  for  Mil- 
waukee County,  on  the  27th  day  of  January,  1912,  of  the  crime  of 
adultery,  and  sentenced  to  the  state  prison  for  the  term  of  three 
years.  On  June  20,  1913,  he  was  granted  a  conditional  pardon  on 
the  ground  that  the  sentence  in  view  of  all  the  facts  in  the  case,  was 
excessive,  that  the  family  of  the  prisoner  was  in  destitute  circum- 
stances and  that  a  conditional  pardon  was  for  the  best  interests 
of  all  concerned.  The  conditions  of  the  pardon  were  that  he  sup- 
port his  family,  that  he  conduct  and  demean  himself  as  a  peaceable 
and  law-abiding  citizen,  and  that  he  abide  by  such  further  rules 
and  regulations  as  probation  officer  Theodore  Puls  might  prescribe 
for  his  guidance. 

Henry  Dunn  alias  Harry  Dunn — Convicted  before  the  municipal 
court  for  Milwaukee  county,  on  the  13th  day  of  January,  1900,  of 


48  MESSAGES  TO  THE  LEGISLATURE 

the  crime  of  murder  in  the  first  degree,  and  sentenced  to  state 
prison  for  the  term  of  his  natural  life.  On  January  9,  1914,  he 
was  granted  a  conditional  pardon  on  showing  that  further  confine- 
ment would  mean  his  death  within  three  years  from  tuberculosis 
with  a  change  for  the  worse  likely  to  come  at  any  time,  while  his 
release  would  give  him  an  opportunity  to  fight  off  the  disease  and 
prolong  his  life.  The  conditions  of  the  pardon  were  that  he  refrain 
from  all  violence  and  threats  of  violence  and  that  he  report  quar- 
terly to  the  secretary  of  the  state  board  of  control. 

Timothy  Norton — Convicted  before  the  circuit  court  for  Fond 
du  Lac  County,  on  the  7th  day  of  December,  1912,  of  the  crime 
of  man-slaiughter  in  the  third  degree  and  sentenced  to  state  prison 
at  Waupun  for  the  term  of  four  years.  On  June  4,  1914,  he  was 
granted  a  conditional  pardon  on  the  recommendation  of  all  parties 
concerned,  including  the  court  officers.  The  conditions  of  the 
pardon  were  that  he  report  immediately  to  Hon.  E.  H.  Lyons  of 
Fond  du  Lac  and  abide  by  such  rules  and  regulations  as  the  said 
E.  H.  Lyons  might  prescribe  for  his  guidance. 

Floyd  E.  Cook — Convicted  before  the  municipal  court  for  Dane 
County,  on  the  13th  day  of  Juhr,  1914,  of  the  crime  of  adultery, 
and  sentenced  to  state  prison  at  Waupun  for  the  term  of  two  years. 
On  December  15,  1914,  he  was  granted  a  conditional  pardon  for  the 
reason  that  it  was  shown  he  was  needed  at  home  to  prevent  the  loss 
of  his  property,  and  to  contribute  to  the  support  of  his  family. 
The  conditions  of  the  pardon  were  that  he  return  immediately  to 
and  support  his  family,  that  he  refrain  absolutely  from  the  use  of 
intoxicating  liquors,  that  he  keep  the  peace  and  obey  the  law,  that 
he  report  on  the  first  of  each  month  to  James  Stebbins,  R.R.I, 
Edgerton,  Wisconsin,  and  abide  by  such  rules  of  conduct  as  the  said 
James  Stebbins  might  impose  for  his  guidance. 

Henry  Foss — Convicted  before  the  circuit  court  for  Eau  Claire 
County,  on  the  6th  day  of  July,  1909,  of  the  crime  of  murder  in  the 
first  degree,  and  sentenced  to  state  prison  at  Waupun  for  the  term 
of  his  natural  life.  On  December  18,  1914,  he  was  granted  a  con- 
ditional pardon  for  the  reason  that  the  evidence  raised  a  doubt  as 
to  whether  the  offense  committed  was  first  degree  murder;  as  to 
whether  the  prisoner  fully  understood  the  nature  of  the  offense  to 
which  he  was  pleading  guilty,  and  because  it  was  believed  that  a 
conditional  pardon  would  be  to  the  best  interests  of  all  concerned. 
The  conditions  of  the  pardon  were  that  he  report  immediately  to 
Hon.  George  L.  Blum  of  Eau  Claire  and  abide  by  such  rules  and 


SESSION  OF  1915  49 

regulations  as  the  said  George  Blum  might  impose  for  his  guidance ; 
that  he  report  on  the  first  of  each  and  every  month  to  the  said 
George  L.  Blum  as  to  what  had  been  his  conduct  and  where  he  had 
been  employed ;  that  he  refrain  absolutely  from  the  use  of  intoxicat- 
ing liquors  and  that  he  keep  the  peace  and  obey  the  law. 

Frederick  C.  Schwaders — Convicted  before  the  municipal  court 
fo.r  Milwaukee  County,  on  the  22nd  day  of  March,  1912,  of  the 
crime  of  sodomy,  and  sentenced  to  state  prison  at  Waupun  for  the 
term  of  five  years.  On  December  24,  1914,  he  was  granted  a  con- 
ditional pardon  on  showing  that  he  had  always  been  a  sober  and 
industrious  workman  and  a  law-abiding  citizen  up  to  the  time  of  the 
alleged  offense  for  which  he  was  convicted;  on  showing  that  an 
injury  to  head  had  perhaps  weakened  his  responsibility  for  his  acts 
though  he  had  now  apparently  recovered  from  the  effects  of  the 
injury ;  on  testimonials  and  petitions  submitted  by  former  employers 
and  representative  business  men  who  knew  him  and  on  the  recom- 
mendation of  the  President  of  the  State  Board  of  Control.  The 
conditions  of  the  pardon  were  that  he  report  immediately  to  Pro- 
bation Officer  Theodore  Puls  and  abide  by  such  rules  and  regula- 
tions as  the  said  Theodore  Puls  might  prescribe  for  his  guidance. 

COMMUTATIONS  OF   SENTENCES  TO  COUNTY  JAILS 

Gustave  Ducks — Convicted  before  the  municipal  court  for  Racine 
County,  on  the  19th  day  of  December,  1913,  of  the  crime  of  selling 
intoxicating  liquors  without  a  license,  and  sentenced  to  pay  a  fine 
of  $100.00  and  costs  and  in  default  thereof  to  be  imprisoned  in  the 
county  jail  for  a  period  not  to  exceed  three  months  and  on  the  same 
day  in  the  same  court  on  a  second  charge  of  a  similar  offense  sen- 
tenced to  pay  ai  similar  fine  and  be  imprisoned  in  the  county  jail 
for  three  months.  On  March  30,  1914,  the  sentence  imposed  upon 
his  conviction  for  the  second  offense  was  commuted  to  ten  days  for 
the  reason  that  he  had  served  the  full  three  months  on  the  first 
sentence;  that  he  was  suffering  from  paralysis  caused  by  cerebral 
hemmorhage;  that  he  was  penniless  and  if  clemency  was  not  ex- 
tended he  would  be  compelled  to  serve  an  additional  six  months. 
The  commutation  of  sentence  was  also  recommended  by  the  district 
attorney. 


50  MESSAGES  TO  THE  LEGISLATURE 

COMMUTATIONS  OF  SENTENCES  TO  THE  HOUSE  OF  CORRECTION 

Hugo  Kelling — Convicted  before  the  municipal  court  of  Milwau- 
kee County,  on  the  16th  day  of  December,  1913,  of  the  crime  of 
assault  with  intent  to  rob  being  armed  with  a  dangerous  weapon, 
and  sentenced  to  the  Milwaukee  County  House  of  Correction  for 
the  term  of  three  years.  On  December  18,  1914,  his  sentence  was 
commuted  to  two  years  and  six  months  in  order  to  permit  his  parol . 
This  action  was  taken  on  sufficient  showing  that  the  crime  com- 
mitted wa,s  the  only  blot  on  the  record  of  the  prisoner  and  that  it 
was  committed  when  he  was  laboring  under  great  mental  stress 
and  was  probably  temporarily  not  responsible  for  his  acts.  The 
man  whom  he  attempted  to  rob  joined  in  petitioning  for  either  a 
commutation  or  an  absolute  pardon.  It  was  further  shown  that 
Killing's  family  was  in  need  of  his  support. 

COMMUTATIONS  OF  SENTENCES  TO  STATE  PRISON  AT  WAUPUN 

George  Robinson — Convicted  before  the  municipal  court  for 
Dane  County,  on  the  20th  day  of  August,  1909,  of  the  crime  of  rape 
and  sentenced  to  state  prison  at  Waupun  for  the  term  of  eight  years. 
On  March  15,  1913,  his  sentence  was  commuted  to  six  years  because 
a  study  of  the  evidence  raised  a  question  as  to  the  guilt  of  the  de- 
fendant; because  of  his  advanced  age;  on  recommendation  of  the 
district  attorney  on  showing  that  his  children  would  provide  ai  home 
for  him  after  he  was  released  and  because  he  had  been  sufficiently 
punished. 

Roy  McLaughlin — Convicted  before  the  circuit  court  for  Grant 
County,  on  the  3rd  day  of  April,  1911,  of  the  crime  of  burning  a 
barn  in  the  nighttime  and  sentenced  to  state  prison  at  Waupun 
for  the  term  of  five  years.  On  March  14,  1913,  his  sentence  was 
commuted  to  two  and  one-half  years  because  it  was  believed  that  the 
sentence  originally  imposed  was  excessive  when  considered  in  its 
relation  to  the  building  burned;  on  recommendation  of  the' district 
attorney  and  to  permit  parol. 

Louis  Anklan — Convicted  before  the  circuit  court  for  Winnebago 
County,  on  the  llth  day  of  January,  1911,  of  the  crime  of  assault 
with  intent  to  murder  and  sentenced  to  state  prison  at  Waupun 
for  the  term  of  ten  years.  On  March  14,  1913,  his  sentence  was 
commuted  to  eight  years  on  recommendation  of  the  district  at- 
torney; on  petition  of  citizens  who  had  known  the  defendant;  in 


SESSION  OF  1915  51 

recognition  of  his  good  character  prior  to  the  time  of  the  convic- 
tion and  in  order  to  permit  his  pa.ro  1  when  he  had  actually  served 
four  years. 

Jacob  Zajaczkowski — Convicted  before  the  municipal  court  for 
Milwaukee  County,  on  the  29th  day  of  May,  1908,  of  the  crime  of 
murder  in  the  third  degree  and  sentenced  to  State  Prison  at 
Waupun  for  the  term  of  fourteen  yea.rs.  On  March  21,  1913,  his 
sentence  was  commuted  to  nine  years  and  ten  months  to  permit  of 
his  parol,  on  ample  showing  that  the  complete  reformation  of  the 
prisoner  had  been  accomplished  and  on  agreement  of  all  parties 
concerned  that  he  was  now  worthy  of  immediate  release  on  parol. 

Viola  Varano — Convicted  before  the  county  court  for  Ba,y field 
County,  on  the  14th  day  of  February,  1913,  of  the  crime  of  adultery 
and  sentenced  to  State  Prison  at  Waupun  for  the  term  of  two 
years.  On  June  24,  1913,  her  sentence  was  commuted  to  ten 
months  on  recommendation  of  the  warden  of  the  prison,  the  prison 
physician,  and  members  of  the  State  Board  of  Control  who  sub- 
mitted certificates  that  the  prisoner  was  about  to  become  a  mother 
and  that  a  commutation  to  permit  parole  was  desirable  in  order 
that  an  innocent  child  might  not  be  stigmatized  by  being  born  in 
prison.  On  June  25,  1913.  the  pardon  commuting  sentence  was  re- 
voked on  showing  that  before  the  pardon  commuting  sentsnce  had 
been  delivered  to  the  warden  the  child  had  been  prematurely  born 
and  no  reason  existed  therefore  for  extending  executive  clemency. 

Joseph  Byrnes — Convicted  before  the  circuit  court  for  Manitowoc 
County,  on  the  23rd  day  of  January,  1890,  of  the  crime  of  bigamy, 
and  sentenced  to  State  Prison  at  Waupun  for  the  term  of  from 
one  to  five  years.  On  July  23,  1913,  the  sentence  of  Byrnes  was 
commuted  to  one  year  and  nine  months  in  order  to  effect  his  im- 
mediate release.  After  having  served  a;  little  more  than  the  mini- 
mum sentence  of  one  year  Byrnes  escaped  from  prison  and  was  not 
recaptured.  After  a  lapse  of  twenty-three  years  Byrnes  telephoned 
the  warden  of  the  prison  from  Columbus,  Ohio,  stating  that  he  was 
an  escaped  convict  and  that  he  wished  to  return  to  the  prison  and 
complete  his  sentence  despite  the  fact  that  because  of  his  escape  he 
would  receive  no  deduction  for  good  behavior  because  he  wished  his 
record  absolutely  clear.  At  the  time  Byrnes  telephoned  the  warden 
there  was  no  official  connected  with  the  prison  who  could  identify 
him,  nor  convicts  serving  life  sentences  who  remembered  him.  On 
the  opinion  of  the  Attorney  General  that  Byrnes'  admission  of  his 
identity  was  sufficient  he  was  re-incarcerated  and  shortlv  thereafter 


52  MESSAGES  TO  THE  LEGISLATURE 

his  sentence  was  commuted  as  stated  for  the  reason  that  the  volun- 
tary surrender  of  Byrnes  was  ample  proof  that  his  complete  refor- 
mation had  been  effected. 

Mary  GrohorsJcy — Convicted  before  the  county  court  for  La 
Crosse  County,  on  the  14th  day  of  May,  1913,  of  the  crime  of 
adultery,  and  sentenced  to  State  Prison  at  Waupun  for  the  term  of 
one  year.  On  September  15,  1913,  her  sentence  was  commuted  to 
six  months  in  order  to  permit  of  her  immediate  parol.  This  action 
was  taken  on  recommendation  of  the  prison  physician  and  the  State 
Board  of  Control,  on  submission  of  certificate  that  the  woman 
would  become  a  mother  in  October  and  in  order  that  an  innocent 
child  might  not  be  stigmatized  by  being  born  in  prison. 

Lincoln  Price — Convicted  before  the  circuit  court  for  Vernon 
County,  on  the  20th  day  of  March,  1909,  of  the  crime  of  incest  and 
sentenced  to  State  Prison  at  Waupun  for  the  term  of  nine  years. 
On  October  6,  1913,  his  sentence  was  commuted  to  eight  years  to 
permit  his  immediate  parole.  This  action  was  taken  because  of  the 
rapidly  failing  health  of  the  prisoner  as  shown  by  the  certificate 
of  the  prison  physician  and  on  recommendation  of  the  district 
attorney  and  of  the  president  of  the  State  Board  of  Control. 

Ferdinand  S'chultz — Convicted  before  the  circuit  court  for  Wood 
County,  on  the  llth  day  of  June,  1909,  of  the  crime  of  rape  and 
sentenced  to  State  Prison  for  the  term  of  twenty  years.  On  Decem- 
ber 24,  1913,  his  sentence  was  commuted  to  nine  years  to  permit 
parole  because  there  was  doubt  as  to  the  guilt  of  the  prisoner,  the 
evidence  not  being  conclusive,  and  because  it  was  felt  that  clemency 
had  been  merited  by  his  good  record  in  prison  and  by  his  previous 
good  character. 

Arthur  A.  Fischer — Convicted  before  the  municipal  court  for 
Milwaukee  County,  on  the  1st  day  of  February,  1913,  of  the  crime 
of  assault  with  intent  to  commit  rape  and  sentenced  to  State  Prison 
at  Waupun  for  the  term  of  ten  years.  On  December  24,  1913,  his 
sentence  was  commuted  to  four  years  on  showing  that  no  injury 
had  been  done  the  prosecutrix  and  because  the  evidence  showed 
that  the  greatest  offense  of  which  the  prisoner  was  guilty  was.  that  of 
taking  indecent  liberties  with  a  minor  child.  The  commutation 
was  granted  in  order  to  permit  parole,  that  the  prisoner  who  gave 
indications  of  unsound  mentality  might  be  under  supervision  for  a 
period  after  his  release.  His  mental  condition  changed  for  the 
worse  and  before  he  was  released  on  parole  he  was  adjudged  insane 
and  transferred  to  a  hospital  for  the  insane  for  treatment.  At 


SESSION  OF  1915  53 

the  time  this  report  was  prepared  Fischer  was  still  in  the  custody 
of  the  State. 

Tom  Hoy — Convicted  before  the  municipal  court  for  Milwaukee 
County  on  the  10th  day  of  May,  1912,  of  the  crime  of  sodomy  and 
sentenced  to  State  Prison  at  Waupun  for  the  term  of  five  years. 
On  December  24,  1913,  his  sentence  was  commuted  to  three  years 
and  six  months  because  the  doubt  raised  as  to  the  real  nature  of  the 
crime  committed  made  the  sentence  excessive. 

Albert  Sobczak — Convicted  before  the  municipal  court  for  Mil- 
waukee County,  on  the  8th  day  of  January,  1910,  of  the  crime  of 
murder  in  the  third  degree,  and  sentenced  to  State  Prison  at 
Waiupun  for  the  term  of  ten  years.  On  December  24,  1913,  his 
sentence  was  commuted  to  eight  years.  A  study  of  the  evidence 
failed  to  reveal  any  proof  of  malice  and  no  motive  whatever  was 
shown.  It  was  clearly  evident  that  there  was  no  actual  intent  to 
kill  but  that  the  deceased  came  to  his  death  from  injuries  received 
in  a  drunken  brawl.  In  view  of  all  the  facts  a  ten-year  sentence 
seemed  to  be  excessive. 

George  Kolitz — Convicted  before  the  circuit  court  for  Green 
Lake  County,  on  the  21st  day  of  June,  1907,  of  the  crime  of  rape 
and  sentenced  to  State  Prison  at  Waupun  for  the  term  of  thirty 
years.  On  March  30,  1913,  an  application  for  clemency  was  denied. 
On  December  24,  1913,  the  case  was  reopened  and  on  recommenda- 
tion of  the  judge  and  the  district  attorney  his  sentence  was  com- 
muted to  twenty-two  years. 

James  Aloysius  McAlees — Convicted  before  the  municipal  court 
for  Milwaukee  County,  on  the  25th  day  of  March,  1909,  of  the  crime 
of  murder  in  the  third  degree,  and  sentenced  to  State  Prison  at 
Waupun  for  the  term  of  twelve  years.  On  December  24,  1913, 
his  sentence  was  commuted  to  ten  'years  on  recommendation  of  the 
judge  and  the  district  attorney. 

Harold  Seizel — Convicted  before  the  municipal  court  for  Mil- 
waukee County,  on  the  4th  day  of  May,  1912,  of  the  crime  of 
burglary  and  possessing  burglarious  tools  and  sentenced  to  State 
Prison  at  Waupun  for  the  term  of  five  years.  On  December  24, 
1914,  his  sentence  was  commuted  to  three  years  and  four  months 
to  permit  his  immediate  parole.  This  action  was  taken  in  recog- 
nition of  his  previous  good  character  and  reputation ;  because  it  was 
clearly  manifest  that  he  had  been  led  to  commit  the  crime  because 
of  an  unusual  combination  of  circumstances;  on  recommendation 
of  the  judge,  the  assistant  district  attorney  who  prosecuted  and  the 


54  MESSAGES  TO  THE  LEGISLATURE 

warden  of  the  prison  and  to  permit  him  to  support  his  wife  and 
invalid  child. 

William  Hughes — Convicted  before  the  circuit  court  for  Douglas 
County,  on  the  5th  day  of  December,  1899,  of  the  crime  of  murder 
in  the  first  degree,  and  sentenced  to  State  Prison  at  Waupun  for 
the  term  of  his  natural  life.  On  March  20,  1914,  an  application  for 
clemency  was  denied  without  prejudice  against  parole  when  the 
prisoner  became  eligible  thereto.  On  December  23,  1913,  the  ap- 
plication was  reopened  and  on  recommendation  of  the  district  at- 
torney, the  warden  of  the  prison,  the  judge,  the  president  of  the 
board  of  control  and  others,  the  sentence  was  commuted  to  twenty- 
eight  years,  to  permit  the  immediate  parole  of  the  prisoner  in  order 
that  he  might  visit  his  mother  who  was  dying  in  Superior.  The 
parole  was  granted  and  the  prisoner  reached  his  mother's  bedside 
a  few  hours  before  her  death  and  while  she  was  still  conscious  and 
able  to  recognize  him. 

Albert  Funk — Convicted  before  the  municipal  court  for  Mil- 
waukee County,  on  the  1st  day  of  May,  1899,  of  the  crime  of  mur- 
der in  the  first  degree  and  sentenced  to  State  Prison  at  Waupun  for 
the  term  of  his  natural  life.  On  December  24,  1913,  his  sentence 
was  commuted  to  thirty  years  on  showing  that  his  reformation  had 
been  effected  and  that  at  the  time  the  crime  was  committed  Funk 
was  under  the  influence  of  his  wife  who  was  considerably  older  than 
he  was.  The  sentence  of  Mrs.  Funk,  who  was  convicted  with  her 
husband,  had  been  previously  commuted.  The  petition  for  clem- 
ency in  Funk's  case  was  signed  by  eight  of  the  twelve  jurors  who 
convicted  him. 

Peter  Cakierello — Convicted  before  the  municipal  court  for  Mil- 
waukee County,  on  the  29th  day  of  May,  1908,  of  the  crime  of  mur- 
der in  the  third  degree,  and  sentenced  to  State  Prison  at  Waupun 
for  the  term  of  twenty  years.  On  January  5,  1914,  his  sentence 
was  commuted  to  twelve  years  because  a  study  of  the  evidence  raised 
a  doubt  as  to  whether  he  was  guilty  of  any  offense  higher  than 
manslaughter;  because  he  had  been  sufficiently  punished  for  any 
offense  committed  and  to  permit  his  parole  in  order  that  the  board 
of  control  might  supervise  his  conduct  for  a  period  following  his 
release. 

Louis  M.  Cleary — Convicted  before  the  circuit  court  for  Jackson 
County,  the  same  being  a  special  term  for  Juneau  County,  on  the 
16th  day  of  October,  1913,  of  the  crime  of  non-support  and  sen- 
tenced to  State  Prison  for  the  term  of  one  vear.  On  January  5, 


SESSION  OF  1915  55 

15*  14,  his  sentence  was  commuted  to  six  months  on  recommendation 
of  the  judge  and  district  attorney  .and  in  order  to  permit  his  parole 
that  the  board  of  control  might  have  supervision  over  his  conduct 
for  a  time  following  his  release. 

John  Mahoney — Convicted  before  the  municipal  court  for  Dane 
County,  on  the  12th  day  of  May,  1913,  of  the  crime  of  abandon- 
ment, and  sentenced  to  State  Prison  at  Waupun  for  the  term  of 
two  years.  On  January  5,  1914,  his  sentence  was  commuted  to 
fi  fteen  months  in  order  to  permit  his  parole.  This  action  was  taken 
because  it  was  shown  that  his.  wife  was  ill  and  bedridden  and 
needed  his  support. 

A.  R.  Law — Convicted  before  the  circuit  court  for  Dane  County, 
on  the  25th  day  of  September,  1912,  of  the  crime  of  manslaughter 
in  the  second  degree,  and  sentenced  to  State  Prison  at  Waupun 
for  the  term  of  six  years.  On  March  4,  1914,  his  sentence  was 
commuted  to  three  years  to  permit  of  his  parole.  This  action  was 
taken  because  in  view  of  the  advanced  age  of  the  prisoner  the 
sentence  imposed  was  excessive,  and  in  recognition  of  the  fact  that 
the  prisoner  had  filed  a  sworn  statenient  that  he  would  never  apply 
for  a  restoration  of  his  medical  license. 

John  TarasinsTci — Convicted  before  the  municipal  court  for  Mil- 
waukee County,  on  the  28th  day  of  May,  1908,  of  the  crime  of 
murder  in  the  second  degree  and  sentenced  to  State  Prison  at  Wau- 
pun for  the  term  of  twenty-five  years.  On  June  4,  1914,  his  sen- 
tence was  commuted  to  twelve  years  in  recognition  of  the  fact  that 
his  reformation  had  been  effected  and  to  permit  his  parole. 

George  K.  Farr — Convicted  before  the  circuit  court  for  Eau 
Claire  County,  the  same  being  a  special  term  for  Eusk  County,  on 
the  17th  day  of  January,  1914,  of  the  crime  of  embezzlement,  and 
sentenced  to  State  Prison  at  Waupun  for  the  term  of  two  years. 
On  June  29,  1914,  his  sentence  was  commuted  to  one  year  in 
recognition  of  the  extenuating  circumstances  surrounding  the 
crime,  and  in  order  to  permit  his  parole. 

George  Messmann — Convicted  before  the  municipal  court  for 
Manitowoc  County,  on  the  28th  day  of  October,  1913,  of  the  crime 
of  embezzlement,  and  sentenced  to  State  Prison  at  Waupun  for 
the  term  of  two  years.  On  June  29,  1914,  his  sentence  was  com- 
muted to  one  year  and  six  months  to  permit  his  parole,  in  recog- 
nition of  the  fact  that  prior  to  his  conviction  he  had  made  restitu- 
tion of  the  moneys  embezzled. 

Orrie  Lan-gdon — Convicted  before  the  circuit  court  for  Clark 


56  MESSAGES  TO  THE  LEGISLATURE 

County,  the  same  being  a  special  term  for  Juneau  County,  on  the 
9th  day  of  September,  1912,  of  the  crime  of  abortion,  and  sentenced 
to  State  Prison  at  Waupun  for  the  term  of  four  years.  On  June 
29,  1914,  her  sentence  was  commuted  to  three  years  and  six  months 
in  order  to  permit  parole,  it  being  shown  that  the  punishment  en- 
dured had  been  sufficient. 

Rudolph  Schroeder — Convicted  before  the  municipal  court  for 
Milwaukee  County,  on  the  27th  day  of  August,  1913,  of  the  crime 
of  larceny,  and  sentenced  to  State  Prison  at  W<aupun  for  the  term 
of  five  years.  On  August  18,  1914,  his  sentence  was  commuted 
to  one  year  and  six  months  for  the  reason  that  under  all  the  cir- 
cumstances the  original  sentence  seemed  excessive  and  because  the 
reformation  of  the  prisoner  had  been  effected. 

John  F.  Pooley — Convicted  before  the  municipal  court  for  Outa- 
gamie  County,  on  the  25th  day  of  October,  1912,  of  the  crime  of 
embezzlement,  and  sentenced  to  State  Prison  at  Waupun  for  the 
term  of  four  years.  On  August  8,  1914,  his  sentence  was  commuted 
to  three  and  one-half  years  in  order  to  permit  his  immediate  parole 
that  he  might  return  to  and  support  his  wife  and  infant  children. 
Clemency  in  this  case  was  recommended  by  the  officials  most  in- 
timately concerned. 

Max  Wijikel — Convicted  before  the  circuit  court  for  Trempealeau 
County,  on  the  31st  day  of  October,  1903,  of  the  crime  of  murder 
in  the  first  degree,  and  sentenced  to  State  Prison  at  Waupun  for 
the  term  of  his  natural  life.  On  the  18th  day  of  December,  1914, 
his  sentence  was  commuted  to  twenty-five  years.  This  action  was 
taken  because  a  careful  study  of  the  evidence  raised  some  doubt 
as  to  the  degree  of  murder,  if  any,  of  which  Winkel  was  guilty; 
on  showing  that  he  was  now  an  "honor  prisoner"  and  had  proven 
himself  entirely  trustworthy,  and  on  the  recommendation  of  the 
president  of  the  state  board  of  control. 

Joseph  Meyers — Convicted  before  the  circuit  court  for  Walworth 
County,  on  the  17th  day  of  October,  1906,  of  the  crime  of  rape 
and  sentenced  to  State  Prison  at  Waupun  for  the  term  of  thirty-five 
years.  On  the  18th  day  of  December,  1914,  his  sentence  was  com- 
muted to  twenty  years  on  recommendation  of  the  judge,  the  district 
attorney  who  prosecuted  and  to  permit  his  parole  in  order  that  he 
might  return  to  and  support  his  invalid  wife  and  minor  child. 

George  Eckcrle — Convicted  before  the  municipal  court  for  Mara- 
thon County,  on  the  9th  day  of  October,  1913,  of  the  crime  of  arson 
and  sentenced  to  State  Prison  at  Waupun  for  the  term  of  four  years. 


SESSION  OF  1015  57 

On  the  18th  day  of  December,  1914,  his  sentence  was  commuted 
to  two  years  because  a  study  of  the  evidence  raised  a  doubt  as  to 
whether  or  not  he  was  really  guilty  of  arson;  because  of  the  fact 
that  at  the  time  the  alleged  crime  was  committed  the  prisoner  was 
laboring  under  great  mental  stress  and  might  not  have  been  wholly 
responsible  for  his  acts,  and  in  order  to  permit  his  parole. 

August  Krueger — Convicted  before  the  circuit  court  for  Portage 
County,  on  the  17th  day  of  October,  1912,  of  the  crime  of  murder 
in  the  first  degree,  and  sentenced  to  State  Prison  at  Waupun  for 
the  term  of  his  natural  life.  On  December  18,  1914,  his  sentence 
was  commuted  to  seven  years  on  showing  that  in  view  of  all  the  cir- 
cumstances surrounding  the  crime  the  greatest  offense  of  which  the 
prisoner  was  guilty  was  probably  manslaughter.  Clemency  was 
favored  by  practically  everyone  who  had  known  Krueger  prior  to  the 
homicide  and  showing  was  made  that  the  judge  before  whom  the 
case  was  tried  was  not  opposed  to  a  commutation  of  sentence. 

Harry  Smith — Convicted  before  the  circuit  court  for  St.  Croix 
County,  on  the  4th  day  of  April,  1911,  of  the  crime  of  having 
burglar  tools  in  his  possession  and  sentenced  to  State  Prison  at 
Waupun  for  the  term  of  ten  years.  Smith  was  convicted  with  six 
others  and  the  same  sentence  was  imposed  on  all  despite  the  fact 
that  some  of  Smith's  codefendants  had  criminal  records;  on  the 
ground  that  justice  would  be  done  through  commutation  of 
sentence  the  original  sentence  imposed  by  the  court  was  commuted 
on  the  18th  day  of  December,  1914,  to  a  term  of  eight  years  and 
six  months. 

Frank  Midvaney — Convicted  before  the  circuit  court  for  St.  Croix 
County,  on  the  4th  day  of  April,  1911,  of  the  crime  of  having 
burglar  tools  in  his  possession  and  sentenced  to  State  Prison  at 
Waupun  for  the  term  of  ten  years.  Mulvaney  w<as  convicted  with 
six  others  and  the  same  sentence  was  imposed  on  all  despite  the  fact 
that  some  of  Mulvaney's  codefendants  had  criminal  records.  On 
the  ground  that  justice  would  be  done  through  commutation  of 
sentence  the  original  sentence  imposed  by  the  court  was  commuted 
on  December  18,  1914,  to  a  term  of  eight  years. 

John  H&ive — Convicted  before  the  circuit  court  for  St.  Croix 
County,  on  the  4th  day  of  April,  1911,  of  the  crime  of  having 
burglar  tools  in  his  possession,  and  sentenced  to  State  Prison  at 
Waupun  for  the  term  of  ten  years.  Howe  was  convicted  with  six- 
others  and  the  same  sentence  was  imposed  on  all  despite  the  fact 
that  some  of  Howe's  codefendants  had  criminal  records.  On  the 


58  MESSAGES  TO  THE  LEGISLATURE 

ground  that  justice  would  be  done  through  commutation  of  sentence 
the  original  sentence  imposed  by  the  court  was  commuted  on  De- 
cember 18,  1914,  to  a  term  of  nine  years. 

George  Hardy — Convicted  before  the  municipal  court  for  Mil- 
waukee County,  on  the  27th  day  of  November,  1909,  of  the  crime 
of  rape,  and  sentenced  to  State  Prison  at  Waupun  for  the  term  of 
twenty-five  years.  On  the  18th  day  of  December,  1914,  his  sentence 
was  commuted  to  ten  years.  The  study  of  the  evidence  showed  that 
the  condition  of  Hardy  hinged  on  his  identification,  not  only  by 
the  prosecutrix,  but  by  two  twin  boys  between  five  and  six  years  of 
age.  The  previous  record  of  Hardy  had  been  good  and  the  defense 
of  alibi  set  up  by  the  defendant  raised  doubt  as  to  his  actual  guilt. 
It  was  also  shown  that  &  prominent  business  man  of  Milwaukee 
who  in  the  past  has  done  much  to  effect  the  reclamation  and  re- 
formation of  first  offenders  was  willing  to  become  parole  guardian 
for  Hardy  if  he  could  be  paroled.  Commutation  was  therefore 
granted  to  permit  parole. 

Dell  Oborn — Convicted  before  the  circuit  court  for  Winnebago 
County,  on  a  change  of  venue  from  Marinette  County  on  the  loth 
day  of  December,  1908,  of  the  crime  of  murder  in  the  second  degree, 
and  sentenced  to  State  Prison  at  Waupun  for  the  term  of  twenty- 
one  years.  On  December  30,  1914,  his  sentence  was  commuted  to 
fourteen  years  to  permit  parole.  This  action  was  taken  on  recom- 
mendation of  well-known  residents  of  Wood  County,  including 
business  men  who  agreed  to  look  after  Oborn  and  provide  him  with 
employment  in  the  event  he  was  paroled  or  pardoned;  because  it 
was  shown  that  there  was  great  provocation  for  the  homicide ; 
because  it  was  believed  that  the  reformation  of  Oborn  had  been 
effected;  and  in  order  to  permit  his  parole.  It  was  also  proven 
on  the  hearing  of  the  application  for  pardon  that  Oborn  became 
excited  easily  when  provoked  due  in  part  to  an  inherited  tendency 
to  epilepsy.  It  was  proven  further  that  immediately  after  the 
shooting  Oborn  suffered  great  remorse  and  asked  permission  to  go 
to  the  assistance  of  the  man  he  had  wounded.  It  should  be  noted 
in  this  case  that  the  deceased  was  shot  through  the  arm  and  death 
resulted  from  bleeding  due  to  the  fact  that  the  shot  severed  an 
artery. 

John  F.  Dietz — Convicted  before  the  circuit  court  for  Sawyer 
County,  on  the  13th  day  of  May,  1911,  of  the  crime  of  murder  in 
the  first  degree,  and  sentenced  to  State  Prison  at  Waupun  for  the 
term  of  his  natural  life.  On  December  30,  1914,  his  sentence  was 


SESSION  OF  1915  59 

commuted  to  twenty  years.  This  is  a  unique  and  perplexing  case. 
I  am  satisfied  that  the  offense  for  which  John  Dietz  is  being  pun- 
ished is  not  lower  than  murder  in  the  second  degree.  If  this  grade 
of  homicide  had  been  submitted  to  the  jury  that  tried  the  case,  the 
present  application  for  pardon  could  be  dealt  with  more  easily ;  but 
it  was  not.  Another  inducement  to  clemency  is  found  in  the 
fact  that  during  the  half  dozen  years  before  Dietz  killed  Harp,  he 
was  encouraged  and  incited  to  acts  of  outlawry  .and  violence  and  he 
was  applauded  and  lionized  in  proportion  to  his  audacity  in  defying 
constituted  authority.  This  encouragement  and  applause  came 
alike  from  a  considerable  part  of  the  public  press  and  in  letters 
and  telegrams  from  large  numbers  of  people  who  not  infrequently 
hacked  their  opinions  with  their  money.  Under  these  circum- 
stances, it  seemed  not  entirely  fair  to  hold  Dietz  solely  responsible 
for  the  tragedy  in  which  this  propaganda  of  lawlessness  finally 
culminated. 

Respectfully  submitted, 

FRAXCIS  E.  McGOVERX, 
December  31,  1914.  Governor. 


To  the  Honorable,  the  Senate : 

Pursuant  to  the  statute  governing,  I  hereby  nominate  and,  by 
and  with  the  advice  and  consent  of  the  Senate,  appoint: 

Walter  Alexander  of  Milwaukee,  Wisconsin,  to  be  a,  member  of 
the  Railroad  Commission  of  Wisconsin  for  the  term  ending  on  the 
first  Monday  in  February,  1921. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 
Dated,  January  27,  1915.  Governor. 


To  the  Honorable,  the  Senate : 

Pursuant  to  the  statute  governing,  I  hereby  nominate  and,  by  and 
with  the  advice  and  consent  of  the  senate,  appoint : 

Hon.  James  0.  Davidson,  of  Madison,  Wisconsin,  to  be  a  member 
of  the  State  Board  of  Control  of  Wisconsin  for  the  term  ending 
April  1st,  1919;  and  I  do  hereby  designate  the  said  James  0. 
Davidson  as  President  of  the  said  Board. 

Respectfully  submitted, 

"  EMANUEL  L.  PHILIPP, 

Governor. 
Dated,  January  28,  1915. 


60  MESSAGES  TO  THE  LEGISLATURE 

To  the  Honorable,  the  Senate : 

Pursuant  to  the  statute  governing,  I  hereby  nominate  and,  by 
and  with  the  advice  and  consent  of  the  senate,  appoint : 

George  J.  Weigle  of  Milwaukee,  Wisconsin,  to  be  Dairy  and 
Food  Commissioner,  for  the  term  ending  on  the  first  Monday  of 
February,  1917. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 
January  29,  1915. 


To  the  Honorable,  the  Senate : 

Pursuant  to  the  statute  governing,  I  hereby  nominate  and,  by 
and  with  the  consent  and  advice  of  the  senate,  appoint : 

John  S.  Owen  of  Eau  Claire,  Wisconsin,  to  be  a  member  of  the 
State  Highway  Commission,  for  the  term  ending  on  the  first 
Monday  in  February,  1921. 

Eespectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 
Dated,  February  3,  1915. 


To  the  Honorable,  the  Senate : 

Pursuant  to  the  statute  governing,  I  hereby  appoint  Senator 
Henry  Rollmann  of  Chilton  as  a  member  of  the  Visiting  Committee 
in  place  of  Senator  Platt  Whitman,  resigned. 
Respectfully  submitted, 

E.  L.  PHILIPP, 

Governor. 
Dated,  February  4,  1915. 


To  the  Honorable,  the  Senate: 

Pursuant  to  the  statute  governing,  I  hereby  nominate  and,  by  and 
with  the  advice  and  consent  of  the  senate  appoint : 

Dr.  J.  M.  Furstman  of  La  Crosse,  Wisconsin,  to  be  a  member  of 
the  State  Board  of  Health  and  Vital  Statistics  for  the  term  ending 
on  the  first  Monday  in  February,  1922. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 
Dated  February  17,  1915. 


SESSION  or  1915  61 

To  the  Honorable,  the  Senate : 

Pursuant  to  the  statute  governing,  I  hereby  nominate  and,  by  and 
with  the  advice  and  consent  of  the  senate,  appoint : 

Doctor  Charles  Sutherland  of  Janesville,  Wisconsin,  a  member 
of  the  State  Board  of  Health  and  Vital  Statistics,  for  the  term 
ending  on  the  first  Monday  in  February,  1921. 
Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 
Dated,  March  1,  1915. 


To  the  Honorable,  the  Legislature : 

I  have  the  honor  to  transmit  herewith  the  biennial  report  of  the 
Wisconsin  Commissioners  on  Uniform  State  Laws  and  respectfully 
ask  that  your  Honorable  Body  give  consideration  to  the  recom- 
mendations therein  contained. 

Respectfully  submitted, 

"  EMANTJEL  L.  PHILIPP, 

Governor. 
Dated,  March  5,  1915. 


To  the  Honorable,  the  Senate : 

I  return  herewith  without  my  approval  Bill  Xo.  188,  S.,  entitled 
"An  Act  to  create  section  45751  of  the  statutes,  relating  to  the  re- 
ceiving and  giving  of  tips  or  gratuities  and  providing  a  penalty." 

The  bill  is  broad  in  application.  It  apparently  prohibits  a 
gratuity  or  tip  to  any  employee  of  a,  hotel,  restaurant,  boarding  or 
lodging  house,  barber  shop,  railroad,  hack  or  bus  line,  theater, 
billiard  hall,  bath  house,  shoe  shining  shop,  news  stand,  and  indeed 
to  any  emplo}ree  whose  employer  is  engaged  in  a  business,  of  what- 
soever kind,  that  may  be  open  to  public  patronage. 

It  makes  the  receiving  of  any  gratuity  or  tip  by  any  such  em- 
ployee, or  the  offering  of  the  same  by  any  person,  a  misdemeanor 
punishable  by  a  fine  of  from  $5  to  $25  or  by  imprisonment  in  the 
county  jail  not  to  exceed  thirty  days. 

If  the  words  "gratuity  or  tip"  as  used  in  the  bill  be  taken  to 
mean  a  mere  gift,  without  any  consideration  to  rest  upon,  the  bill 
would,  in  my  judgment,  be  practically  ineffective  and  would  serve 
only  to  incumber  the  statutes.  Under  such  a  reading  of  the  bill, 
the  tip  would  quickly  take  on  the  form  of  compensation  for  extra 


62  MESSAGES  TO  THE  LEGISLATURE 

service  and  thus  cease  to  be  a  mere  gratuity,  and  no  substantial 
change  in  the  custom  would  be  effected. 

If  on  the  other  hand  the  bill  be  taken  to  prohibit  compensation 
to  the  employee  for  extra  service  which  the  employer  is  not  required 
to  furnish,  the  result  is  to  deprive  the  public  of  the  opportunity 
to  receive  and  pay  for  service  promotive  of  comfort  and  convenience 
and  which  in  some  cases  may  approach  necessity. 

Under  this  broader,  and,  to  make  it  effective,  seemingly  neces- 
sary meaning  of  the  bill,  not  only  is  the  right  taken  away  to  express 
in  a  material  way  appreciation  for  the  courtesy  of  an  employee, 
but  he  may  not  be  rewarded  for  extra  service  which  the  employer 
may  be  willing  the  employee  should  render  at  the  expense  of  him 
who  receives  it,  but  which  the  employer  is  not  required  to  furnish 
by  the  provisions  of  this  bill  nor  by  any  other  law  of  the  state. 
Thus,  the  traveler  or  patron  may  not  supply  the  incentive  for 
quick  service  in  the  hotel,  restaurant  or  barber  shop,  or  to  the  cab 
driver,  that  he  may  catch  his  train  or  make  his  appointment;  he 
may  not  thus  induce  the  polishing  of  his  shoes,  the  brushing  of  his 
clothes  or  assistance  in  the  handling  of  his  baggage ;  he  may  be  de- 
prived of  the  right  to  secure  and  to  reward  special  consideration 
to  those  who  by  reason  of  infirmity  or  youth  may  urgently  require 
it;  the  news  boy  at  the  public  stand,  unless  he  be  the  proprietor, 
may  not  have  an  extra  penny ;  indeed,  gratitude  to  the  nurse  in  the 
public  hospital  may  not  be  expressed  in  a  material  way  save  at  the 
hazard  of  violating  the  provisions  of  this  act. 

It  will  I  think  be  readily  seen  that  the  bill  imposes  radical  re- 
straint upon  the  freedom  of  action  of  the  citizen  in  respect  to  mat- 
ters in  themselves  innocent  and  sometimes  praiseworthy.  This  is 
no  reason  for  condemning  the  bill  if  such  restraint  is  required  for 
the  public  good.  But  to  justify  it,  it  ought  to  be  quite  plain  that 
the  public  welfare  demands  the  restraint,  and  that  the  proposed 
law  will  efficiently  accomplish  it.  ^liere  restrictions  are  by  law 
placed  upon  the  liberty  of  the  citizen  as  regards  otherwise  innocent 
acts,  I  think  it  is  common  to  find  it  justified  by  some  consideration 
involving  the  peace,  health,  safety,  or  morals  of  society.  This  bill 
is  supported  by  none  of  these  considerations.  Certainly  public 
peace  is  not  involved,  nor  the  public  health  or  safety.  If  there  is 
anything  in  the  injunction  that  "it  is  more  blessed  to  give  than  to 
receive,"  there  is  no  danger  that  the  tipping  custom  will  undermine 
the  public  morals.  And  inaismuch  as  the  man  who  parts  with  a  tip 
is,  as  a  general  thing,  better  off  in  this  world's  goods  than  the 


SESSION  OF  1915  63 

beneficiary  of  it,  it  is  difficult  to  consider  the  custom  as  a  spendthrift 
one,  calculated  to  pauperize  and  make  a  state  charge  one  who 
indulges.  So  far  as  I  can  see,  the  most  substantial  reason  which 
has  been  advanced  for  the  bill  is  that  if  it  is  enacted  into  law  and 
enforced,  it  will  tend  to  destroy  a  discrimination  in  service  which 
the  tipping  custom  has  been  said  to  promote.  To  this  aspect  of 
the  matter  I  have  given  careful  consideration.  That  the  custom 
may  sometimes  be  promotive  of  discrimination  may  be  admitted, 
though  the  frequency  or  extent  of  it  is  not  so  clear.  The  custom 
exists  chiefly  in  the  large  cities  and  upon  railroad  trains.  Much  of 
the  tipping  on  railway  trains  passing  through  the  state  cannot  be 
reached  by  this  act.  The  tip  usually  follows  the  service  and  extra 
attention  is  not  excited  by  payment  in  advance.  I  am  bound  to  be- 
lieve that  the  courtesy  of  the  traveler  very  frequently  may  have  as 
great  an  influence  upon  the  character  of  the  service  which  he  receives 
as  a  gratuity  resting  in  anticipation.  I  mention  these  things  to  point 
out  the  fact  that  it  is  impossible  to  say  with  assurance  that  the 
tipping  custom,  so  far  as  practiced  in  our  state  a.nd  within  the  reach 
of  our  laws,  has  to  any  considerable  extent  caused  discrimination 
in  any  service  to  the  public  within  the  engagement  of  the  employer 
to  furnish. 

In  addition  to  this  the  bill  is  not  directly  aimed  at  discrimina- 
tion. Its  effect  in  this  respect  will  be  incidental  if  it  has  effect 
at  aJl.  Should  the  bill  become  a  law,  there  is  nothing  in  it  to 
prevent  employers  from  cutting  off  the  opportunity  of  the  traveler 
or  patron  to  obtain  many  of  the  extra  services  now  permitted  to  be 
received  and  voluntarily  compensated  for,  or  if  such  services  were 
continued,  to  prevent  the  employer  from  adjusting  rates  on  the  basis 
that  all  should  pay  alike  irrespective  of  whether  or  not  all  required 
or  desired  the  service.  This  latter  result  might  well  be  claimed 
.to  create  as  great  discrimination  as  any  which  can  be  justly  urged 
for  the  adoption  of  the  law. 

The  enforcement  of  a  law  of  this  kind  is  another  matter  which 
I  deem  of  vital  consequence.  The  classes  chiefly  affected  by  the 
measure  would  be  travelers,  frequently  resident  in  other  states, 
and  whose  stay  at  the  place  where  the  occasion  for  the  tip  may 
arise,  is  often  brief.  In  the  ordinary  view,  there  is  no  moral 
wrong  in  rewarding  courtesy  or  any  extra  service  by  a  tip,  or  in 
one's  doing  as  he  pleases  with  his  own.  I  a,m  forced  to  believe 
that  many  so  inclined  would  not  be  deterred  by  the  fact  that  in  this 
state  the  act  would  constitute  a  petty  offense,  and  that,  without 


64  MESSAGES  TO  THE  LEGISLATURE 

a  very  expensive  and  wholly  impractical  system  of  espionage,  the 
law  would  soon  come  to  be  honored  quite  as  much  in  the  breach 
as  in  the  observance.  A  law  disregarded  and  impracticable  of  en- 
forcement cannot  find  justification  in  wise  public  policy.  It  breeds 
disregard  of  all  law. 

I  cannot  escape  the  conviction  that  this  bill,  in  the  broad  scope 
which  must  be  given  to  it  renders  it  effective  at  all,  radically  inter- 
feres with  the  liberty  of  our  people  as  regards  otherwise  innocent 
conduct.  Applied  to  conditions  in  this  state  and  within  the  reach 
of  our  law,  I  am  unable  to  see  in  the  bill  any  advantage  to  the 
general  welfare  adequate  to  fairly  justify  such  restraint.  The 
conclusion  is,  I  think,  inevitable  that  the  enforcement  of  the  meas- 
ure, if  practicable  at  all,  will  impose  a  burden  of  expense  without 
compensating  promotion  of  the  public  good.  I  am,  in  addition, 
advised  by  legal-  counsel  that  the  bill  is  unconstitutional.  In  the 
presence  of  these  considerations,  I  deem  it  my  duty  to  return  it 
without  my  approval. 

Eespectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 

April  26,  1915. 


To  the  Honorable,  the  Legislature : 

I  have  the  honor  to  submit  to  you  a  brief  synopsis  of  the  report 
of  the  Black  River  Falls  relief  committee  which  has  been  filed 
with  me.  The  report  is  a  complete,  detailed  statement  of  the 
receipts  and  disbursements,  and  complies  with  the  direction  of  the 
acts  appropriating  state  money  for  relief  and  repair  work  at  Black 
River  Falls,  following  the  flood  of  October  6,  1911. 

There  was  appropriated  by  Chapter  13  of  the  special  session  of 
1912,  from  the  drainage  fund,  the  sum  of  $71,000  for  the  purpose 
of  building  dams,  dikes,  retaining  walls  and  other  works  in  and 
along  the  Black  river  to  protect  swamp  and  overflowed  lands  granted 
to  this  state  by  the  United  States  Government,  and  located  near 
the  city  of  Black  River  Falls.  This  act  also  provided  for  the  repay- 
ment to  the  committee  of  money  spent  by  it  for  this  purpose  prior 
to  the  appropriation. 

Chapter  21  of  the  laws  of  the  special  session  of  1912  appropriated 
to  this  same  committee  the  sum  of  $35,000,  from  the  general  fund, 
"to  relieve  destitution  and  suffering  caused  by  the  flood  at  Black 


SESSION  OF  1915  65 

River  Falls  on  October  6th,  A.  D.  1911,  and  to  remove  and  destroy 
the  menaces  to  public  health  caused  thereby." 

The  report  of  the  committee  shows  that  it  also  spent,  for  relief 
and  repair  work,  an  additional  sum  of  $61,833.31  which  it  received 
from  private  contributions. 

The  report  is  voluminous  and  detailed,  showing  the  items  of 
receipts  and  the  amount  and  purpose  of  each  disbursement.  The 
whole  amount  of  the  appropriation  has  been  spent  by  the  committee 
for  the  purpose  for  which  it  was  made.  No  member  of  the  com- 
mittee received  any  compensation  for  his  services  and  an  exceptional 
volume  of  work  was  accomplished  with  the  amount  of  money  at 
the  disposal  of  the  committee.  The  report  further  shows  that 
certain  real  estate,  purchased  for  the  purpose  of  carrying  on  the 
work  of  relief  and  repair,  is  still  held  by  the  committee.  It  is 
suggested  that  this  property  be  turned  over  to  the  city  of  Black 
River  Falls.  I  urge  that  the  necessary  authority  be  given  to  the 
committee  to  carry  out  this  suggestion. 

The  members  of  the  relief  committee  are :  Hon.  B.  L.  Van 
Gorden,  Hon.  Henry  Johnson,  State  Treasurer,  Elting  Elmore, 
Major  Charles  Williams  and  George  F.  Cooper.  The  work  of  this 
committee  can  hardly  be  estimated  by  a  general  statement  of  the 
facts.  The  detailed  report  shows  that  an  immense  amount  of  time 
and  work  was  necessary  to  get  the  results  that  have  been  attained. 
The  detailed  report  is  on  file  in  the  Executive  Office  and  may  be  seen 
by  any  one  who  is  interested.  The  committee  is  entitled  to  the 
thanks  of  the  people  of  the  state  for  the  unselfish  devotion  and 
effort  given  to  this  work.  I  am  sure  that  I  do  not  exaggerate 
when  I  say  that  the  work  of  this  committee  and  the  fullness  and 
accuracy  of  its  report  is  a  model  of  efficienc}'. 
Respectfully  submitted, 

"  EMANUEL  L.  PHILIPP, 

Dated  May  3,  1915.  Governor. 


EXECUTIVE  COMMUNICATIONS 

To  the  Honorable,  the  Legislature : 

I  have  the  honor  to  transmit  herewith  a  copy  of  the  Report  of 
the  committee  to  Investigate  the  Levee  System  of  the  Wisconsin 
River  in  the  vicinity  of  the  City  of  Portage.  This  committee  was 
appointed  in  accordance  with  Chapter  Eight  of  the  Laws  of  the 
Special  Session  of  1912  and  continued  by  Chapter  683  of  the 
Laws  of  1913. 


66  MESSAGES  TO  THE  LEGISLATURE 

I  respectfully  urge  that  your  honorable  body  give  this  report  and 
the  recommendations  of  the  committee  thoughtful  consideration. 
The  matter  of  protection  to  life  and  property,  against  the  danger 
of  water,  in  the  vicinity  of  Portage,  is  of  great  importance  to  the 
people  of  that  section  and  indeed  to  the  people  of  the  whole  state. 

We  have  in  the  past  had  frequent  examples  of  the  devastating- 
power  of  floods  in  that  and  other  sections  of  the  state.  It  is,  in  my 
opinion,  wise  to  expend  public  money  to  prevent  loss,  where  it  can 
be  prevented,  rather  than  to  spend  it  in  repairing  and  replacing 
after  the  loss  occurs. 

I  especially  urge  that  you  give  consideration  to  the  recommenda- 
tions for  the  creation  of  a  Levee  District  and  for  the  appropriations 
of  a  sum  sufficient  to  protect  the  levees  already  built  until  the  new 
district  can  take  over  that  work.  I  have  requested  Hon.  George 
Staudenmayer,  who  is  a  member  of  this  committee,  to  prepare  and 
introduce  a  bill  covering  these  recommendations. 
Respectfully  submitted, 

"  EMANTJEL  L.  PHILIPP, 

Governor. 

Dated  May  3,  1915. 


To  the  Honorable,  the  Legislature : 

I  have  the  honor  to  transmit  herewith  a  copy  of  the  report  of 
the  committee  to  investigate  the  levee  system  of  the  Wisconsin 
River  in  the  vicinity  of  the  city  of  Portage.  This  committee  was 
appointed  in  accordance  with  chapter  eight  of  the  laws  of  the 
special  session  of  1912  and  continued  by  chapter  683  of  the  laws 
of  1913. 

I  respectfully  urge  that  your  honorable  body  give  this  report 
and  the  recommendations  of  the  committee  thoughtful  considera- 
tion. The  matter  of  protection  to  life  and  property  against  the 
danger  of  water,  in  the  vicinity  of  Portage  is  of  great  importance 
to  the  people  of  that  section  and  indeed  to  the  people  of  the  whole 
state. 

We  have  in  the  past  had  frequent  examples  of  the  devastating 
power  of  floods  in  that  and  other  sections  of  the  state.  It  is,  in 
my  opinion,  wise  to  expend  public  money  to  prevent  loss,  where  it 
can  be  prevented,  rather  than  to  spend  it  in  repairing  and  replacing 
after  the  loss  occurs. 

I  especially  urge  that  you  give  consideration  to  the  recommenda- 
tions for  the  creation  of  a  Levee  District  and  for  the  appropriation 


SESSION  or  1915  67 

of  a  sum  sufficient  to  protect  the  levees  already  built  until  the  new 
district  can  take  over  that  work.     I  have  requested  Hon.  George 
Staudenmayer,  who  is  a  member  of  this  committee,  to  prepare  and 
introduce  a  bill  covering  these  recommendations. 
Respectfully  submitted, 

EMAXUEL  L.  PHILIPP, 

Governor. 
Dated,  May  3,  1915. 


SPECIAL  EXECUTIVE  COMMUNICATION 

May  18,  1915. 
To  the  Honorable,  the  Legislature : 

As  you  know,  I  came  to  the  office  of  Governor,  pledged  to  do  my 
part  in  reducing  the  burdens  of  taxation  which  had  become  almost 
unbearable.  Determined  to  redeem  that  pledge  I  have  made  a 
diligent  effort  to  discover  the  cause  of  the  wide  departure  from  the 
economies  which  characterized  our  state  government  for  the  first 
half  century  of  its  existence.  I  think  that,  in  a  measure,  I  have 
succeeded  and  address  this  message  to  you  for  the  purpose  of,  in 
part,  making  known  my  conclusions  and  of  appealing  for  co- 
operation along  the  lines  I  suggest  in  returning  the  administration 
to  the  safe  plane  the  framers  of  the  constitution  intended  it  should 
occupy. 

You  who  were  chosen  to  represent  your  districts,  and  I  as  Gov- 
ernor, are  here  with  the  same  mandate  from  and  obligation  to  the 
people.  We  are  here  in  a  common  cause  and  can  accomplish  the 
ends  that  the  people  demand  of  us  only  by  co-operation.  I  have  faith 
that,  being  advised  of  the  facts,  you  will  work  in  the  light  of  those 
facts  to  bring  about  the  results  that  the  people  expect  from  our 
efforts.  When  we  entered  upon  our  respective  duties  we  severally 
made  solemn  oath  that  we  would  support  the  constitution  of  our 
state.  That  was  not  a  mere  form.  In  the  discharge  of  the  duties 
we  can  be  guided  by  no  higher  purpose  than  absolute  loyalty  to  that 
oath. 

The  state  constitution  was  framed  by  the  wisest  body  of  lawyers 
ever  assembled  in  our  state.  It  is  a  declaration  of  principles  sup- 
posed to  be  essential  to  preservation  and  conservation  of  the  life, 
liberty  and  general  prosperity  .and  happiness  of  the  people.  It 
was  adopted  by  the  people.  It  contained  the  limitations  which  the 


68  MESSAGES  TO  THE  LEGISLATURE 

people  determined  are  essential  to  a  safe  government  by  the  people. 
Those  limitations  being  prescribed  by  the  people  they  should  be 
studied,  understood  and  strictly  obeyed.  To  speak  of  them  lightly, 
or  try  to  evade  them,  or  chafe  under  judicial  decrees  vindicating 
them,  is  dangerous  and  persisted  in  could  not  fail  to  lead  to  con- 
fusion and  disaster.  That  there  has  been  much  of  that  in  recent 
years  must  be  plain  to  all.  The  progressive  disregard  of  consti- 
tutional treatment  of  the  trust  funds  and  property  of  the  state,  is 
striking  evidence  of  what  I  suggest  and  leads  me  to  suspect  that  in 
like  disregard  of  constitutional  restraints  can  be  found  much  of  the 
real  logic  of  the  enormous  increase  of  state  taxation  which  you,  as 
well  as  myself,  are  pledged  to  remedy. 

No  wiser  check  upon  injudicious  expenditure  of  public  money 
or  protection  against  burdensome  direct  and  indirect  taxation  was 
devised  by  the  framers  of  the  constitution  than  that  found  in  para- 
graph 5  of  Article  VIII. 

There  it  is  provided,  with  an  opening  declaration  of  the  subject 
covered,  as  follows: 

"ANNUAL  TAX,  LEVY  OF.  The  legislature  shall  provide 
for  an  annual  tax  sufficient  to  defray  the  estimated  expenses  of 
the  state  for  each  year;  and  whenever  the  expenses  of  any  year 
shall  exceed  the  income,  the  legislature  shall  provide  for  levying 
a  tax  for  the  ensuing  year,  sufficient,  with  other  sources  of  income, 
to  pay  the  deficiency  as  well  as  the  estimated  expenses  of  such 
ensuing  year." 

Thus  the  constitution  clearly  deals  with  appropriations  of  money 
to  public  use  as  one  thing,  with  levy  of  taxes  to  produce  a  fund  of 
money  to  appropriate  from  as  another,  and  with  both  as  legislative 
functions. 

Courts  elsewhere  have  held  under  somewhat  similar  provisions 
that  there  cannot  be  a  constitutional  state  tax  without  a  legislative 
levy.  By  legislative  levy  they  have  meant  one  naming  the  precise 
amount  of  public  burden — not  a  maximum  sum  leaving  it  to 
administrative  officers  to  reduce  it  in  their  discretion.  Our  Su- 
preme Court  recently  declared  the  constitutional  idea  to  be  that  the 
legislature  itself  shall  levy  the  tax,  leaving  it  to  administrative 
officers  only  to  carry  out  the  legislative  command.  That  was 
the  practice  under  the  constitution  for  many  years  after  its 
adoption.  That  it  was  an  effective  guard  against  extravagance  all 
must  appreciate.  As  our  court  has  said,  the  people  in  adopting  that 
plan  purposed  keeping  the  power  to  levy  taxes  as  near  themselves 


SESSION  OF  1915  69 

as  possible,  and,  so,  made  the  legislature  responsible  therefor.  That 
system  was  first  departed  from  by  making,  a  maximum  tax  levy  and 
leaving  it  to  administrative  officers  to  reduce  it  by  any  surplus  they 
might  determine  was  applicable  therefor.  Later,  a  general  enact- 
ment, now  found  in  section  1069a  of  the  statutes,  provided  for  such 
a  discretionary  reduction — which  section  it  seems  is  contrary  to  the 
spirit  of  the  constitution  and  should  be  removed  from  the  statute 
book.  Finally,  the  legislature  omitted  entirely  to  make  any  con- 
stitutional levy  of  state  taxes,  merely  made  appropriations  and 
left  it  to  administrative  officers  to  determine  the  amount  of  direct 
tax  levy  necessary  to  provide  the  required  funds  to  meet  such 
appropriations. 

That  such  abdication  by  the  legislature  of  one  of  its  most  im- 
portant duties,  led  to  want  of  that  appreciation  of  responsibility 
necessary  to  reasonable  limitation  of  state  expenditures,  is  not  to  be 
wondered  at.  The  bad  practice  should  be  utterly  abandoned.  I 
urge  you  to  do  your  part  in  this  respect  and  have  faith  that  you  will 
do  so.  Before  adjourning  do  just  what  the  constitution  commands : 
Make  an  estimate  of  the  deficiency  in  ordinary  revenues  to  meet 
estimated  expenses  to  be  paid  out  of  appropriations  for  each  of  the 
succeeding  two  fiscal  years ;  add  thereto  any  deficiency  for  the  pre- 
ceding years;  and,  by  bill,  levy  a  state  tax  to  cover  the  total.  No 
other  state  tax  will  meet  with  my  approval,  or  will  be  made  by  my 
consent. 

I  wish  to  call  your  attention,  in  connection  with  the  foregoing, 
to  what  I  understand  to  be  a  constitutional  surplus  and  a  consti-' 
tutional  deficiency.  The  fundamental  law  deals  with  the  latter, 
specifically,  and  with  the  former,  inferentially,  though  just  as 
plainly.  I  think  there  has  grown  up  in  recent  years  a  perverted 
idea  of  both.  That  is  quite  a  natural  result  of  the  abdication  of 
legislative  duty  to  pass  upon  the  necessity  for  a  state  tax  and  to 
absolutely  fix  the  amount  in  case  of  there  being,  in  legislative 
judgment,  necessity  for  any  such  tax. 

The  constitutional  idea  is  that  the  legislature  shall  levy  state 
taxes  to  cover,  with  the  ordinary  revenues  of  the  state,  the  estimated 
expenses  which  will  have  to  be  met  before  the  time  for  it  to  act 
again.  If  the  same  proves  insufficient,  then  there  is  the  deficiency 
spoken  of  and  the  constitution  specifies,  unmistakably,  how  it  shall 
be  provided  for.  Not  by  borrowing.  That  would  create  a  state 
debt  which  is  most  emphatically  prohibited  by  the  constitution.  It 
is  to  be  provided  for  by  being  included  in  the  next  legislative  levy. 


70  MESSAGES  TO  THE  LEGISLATURE 

Note  the  words:  "Whenever  the  expenses  of  any  year  shall  ex- 
ceed the  income,  the  legislature  shall  provide  for  levying  a  state 
tax  for  the  ensuing  year,  sufficient,  with  other  sources  of  income,  to 
pay  the  deficiency  as  well  as  the  estimated  expenses  for  such 
ensuing  year." 

Thus  it  will  be  seen  that  there  is  only  one  way  by  which  a  con- 
stitutional deficiency  can  be  created  and  that  is  by  the  estimated 
revenues  of  the  state  and  the  state  tax  levy  failing  to  produce 
enough  money  to  cover  the  appropriations.  The  practice  of  creat- 
ing a  deficiency  by  spending  money  in  excess  of  the  appropriation 
and  violating  the  constitution  in  letter  and  spirit,  as  I  fear  has 
sometimes  been  the  case,  by  borrowing,  in  some  form,  is  all  wrong 
and  should  not  be  further  permitted.  The  plan  of  our  state  govern- 
ment is  that  the  legislature  shall  place  an  arbitrary  limitation 
upon  the  expenditures  for  each  particular  purpose  for  each  fiscal 
year  by  the  appropriation  therefor.  Every  department  should  be 
made  to  understand  that  and  be  held  strictly  responsible  for  any 
expenditure  or  obligation  beyond  its  appropriation.  To  that  end 
the  accounting  officer  should  limit  warrants  on  the  treasury  for 
any  purpose  to  the  money  available  for  such  purpose  and  the  state 
treasurer  should  limit  payments  accordingly.  All  those  checks 
upon  public  expenditures  are  essentially  a  part  of  the  constitutional 
plan.  Borrowing  money  from  one  fund  for  the  benefit  of  another, 
or  borrowing  of  banks  by  state  boards  or  departments,  or  borrow- 
ing, in  effect,  by  securing  advance  tax  payments,  is  contrary  to  the 
spirit  of  the  constitution  and  should  be  discontinued. 

Now  a  few  words  about  a  constitutional  surplus.  That  can,  in 
my  judgment,  be  created  in  but  one  of  two  ways:  1st,  by  the 
estimated  ordinary  revenues  of  the  state  and  the  legislative  tax  levy 
designed  to  cover  the  appropriations,  together  producing  an  excess; 
2d,  by  the  money  appropriated  for  a  particular  purpose  for  a  fiscal 
year  not  being  exhausted  by  the  expenses  for  such  year  for  such 
purpose.  In  either  case  such  surplus,  automatically,  at  the  close 
of  such  year  falls  into  the  general  fund  and  may  be  taken  account 
of  by  the  legislature  in  making  the  next  appropriation  and  tax 
levy.  In  this  connection  I  suggest  that  it  is  doubtful  whether  the 
legislature  should  or  can  properly  provide  for  an  unexpended  balance 
as  to  any  department  being  disposed  of  otherwise  than  by  applying 
it  on  the  next  appropriation  for  such  department  or  treating  it  as 
haAring  lapsed  into  the  general  fund  of  unappropriated  money. 

I  commend  the  idea  here  suggested  to  your  earnest  attention. 


SESSION  OF  1915  71 

Make  the  tax  levy  for  each  of  the  next  two  years,  not  to  be  in- 
creased or  diminished  by  any  administrative  officer  or  officers.  Do 
not  tolerate  any  deficiency  created  by  expenditure  of  money  in 
excess  of  appropriation  and  do  not  fail  to  make  a  constitutional 
disposition  of  any  surplus  there  may  be  in  the  general  fund  or  in 
respect  to  any  particular  department  fund. 

There  can  be  no  better  way  of  establishing  efficient  state  finances 
than  by  a  firm  adherence  to  the  requirements  of  the  constitution. 
In  what  I  have  said  I  do  not  purpose  casting  any  reflection  upon 
the  administrative  officers  who  have  in  recent  years  made  the  tax 
levies  which  the  legislature  failed  to  make.  Such  officers,  in  the  best 
of  good  faith,  followed  a  bad  custom  and  will,  doubtless,  be  glad 
to  co-operate  In  returning  to  the  plan  which  the  people  designed 
in  the  beginning. 

Fixing  the  tax  levy  in  the  way  the  constitution  prescribes  is  a 
mere  matter  of  arithmetic  once  the  legislature  has  voted  authoriza- 
tions. Fitting  revenues  to  authorizations  already  made  is  a  mere 
matter  of  voting  away  the  public's  money,  for  the  legislature  has 
the  power  to  levy  taxes  large  enough  to  cover  all  its  appropriations. 
The  hard  thing  is  to  decide  the  least  the  state  needs  to  have  ap- 
propriated in  order  that  no  necessary  work  shall  be  neglected  and 
the  least  that  can  be  called  for  while  still  doing  all  necessary  work 
efficiently.  Eecent  excesses  have  probably  in  a  measure  been  due 
to  the  fact  that  the  legislature  instead  of  itself  fixing  the  levy  to 
care  for  all  its  appropriations  has  left  to  others  to  decide  whether 
appropriations  were  larger  than  the  state  could  afford.  A  re- 
minder of  the  conditions  which  confront  us  will  help  the  legislature, 
tax  payers  and  the  governor  decide  for  what  purposes  and  in  what 
amounts  the  legislature  would  be  justified  in  levying  a  general 
property  lax. 

In  my  first  message  I  was  unable  to  give  you  data  concerning 
the  financial  condition  of  the  state  any  further  than  to  present 
to  you  the  department  reports.  I  regard  it  unfortunate  that  the 
state  has  not  so  far  inaugurated  a  system  of  accounting  under 
which  it  could  at  all  times  be  determined  just  what  our  financial 
situation  is.  It  would  seem  that  such  information  is  essential  for 
the  legislative  and  executive  branches  of  the  government  which 
must  determine  future  expenditures. 

As  the  result  of  an  investigation  by  able  accountants,  covering  a 
period  of  nearly  two  months,  I  am  now  able  to  present  to  you  such 


72  MESSAGES  TO  THE  LEGISLATURE 

financial  estimates  as  the  governor  should  be  able  to  give  the  legis- 
lature at  the  opening  of  the  session. 

Careful  estimates  indicate  that  at  the  close  of  the  fiscal  year, 
June  30,  3915,  the  state  treasury  will  have  a  cash  balance  of 
$2,933,000.  Though  called  a  cash  balance  it  is  not  a  free  and  unin- 
cumbered  balance.  A  millstone  of  obligation  hangs  over  it.  This 
balance  is  not  available  for  reducing  appropriations  for  next  year's 
work.  Against  it  are  authorizations  on  account  of  this  and  previous 
years  of  $4,591,000,  which,  subject  to  legislative  action,  will  be  in 
force  and  unapplied  June  30,  1915.  ($897,000  for  operation  and 
$3,694,000  for  improvements.)  Some  of  these  authorizations  might 
be  repealed  ($1,542,000)  ;  others  can  be  lapsed  at  the  end  of  the 
year,  such  as  the  $897,000  for  operation  less  $114,000  balances  in 
revolving  funds;  others  represent  permanent  improvements  already 
begun  which  must  go  on  and  be  paid  for  out  of  next  year's  tax  levy 
($2,152,000).  In  this  connection  it  will  be  interesting  to  learn 
that  during  the  fiscal  year  now  about  to  close  the  expenditures  of 
the  state  government,  excluding  strictly  agency  transactions,  will 
be  $13,896,500;  the  receipts  from  all  sources,  $13,023,950,  or  an 
excess  of  expenditures  over  receipts  of  $872,550. 

Besides  the  $4,591,000  of  unapplied  balances  which  includes 
$3,694,000  for  improvements,  there  is  a  contingent  liability  of  from 
$2,500,000  to  $3,000,000  of  which  $987,800  is  now  in  litigation  as 
paid  under  protest  by  an  insurance  company  for  taxes  the  state 
may  have  to  pay  back  if  the  courts  decide  against  the  state  in  the 
suit  now  pending.  The  state  hopes  and  expects  to  win  this  suit, 
but  prudence  would  require  that  the  legislature  should  not  authorize 
spending  any  part  of  $2,500,000,  least  of  adl  $987,800  actually  in 
litigation  by  consent  of  the  state,  which  the  courts  have  not  yet 
finally  declared  belongs  to  the  state. 

The  next  year  will  begin,  therefore,  unless  the  legislature  enacts 
otherwise,  with  a  certain  liability  of  $4,591,000  because  of  previous 
years'  authorizations  besides  a  contingent  liability  of  $987,800  actu- 
ally in  litigation.  But  even  disregarding  the  contingent  liabilities, 
the  cash  balance  of  $2,933,000  may  not  be  counted  upon  to  help  us 
meet  the  certain  liabilities.  This  cash  balance  is  $872,550  less  than 
the  balance  with  which  the  year  1914-1915  began.  The  state  needs 
$3,000,000  as  a  working  fund  with  which  to  begin  each  fiscal  year 
and  without  borrowing  to  tide  over  the  first  six  months'  period  be- 
fore the  bulk  of  taxes  are  paid  in.  Even  if  you  should  vote  to  use 
the  cash  balance  as  a  partial  offset  to  the  liabilities  of  1915  you 


SESSION  OF  1915  73 

must  anticipate  conditions  the  next  July  and  vote  $3,000,000  for  a 
treasurer's  balance  with  which  to  begin  the  second  year  of  the 
biennium.  Except  as  the  legislature  by  special  act  lapses  unapplied 
balances  for  operation  and  repeals  authorizations  for  improvements 
there  will  be  a  certain  liability  of  $4,591,000  in  July  besides  a  con- 
tingent liability  of  from  $987,800  to  $2,500,000.  Merging  these 
liabilities  in  next  year's  bookkeeping  or  forgetting  about  them  or 
blinking  them  does  not  remove  them.  The  obligations  are  there 
and  require  legislative  action — either  lapsing,  repeal  or  tax  levy. 

When  reviewing  each  of  these  authorizations  and  expected  bal- 
ances will  you  have  in  mind  that  all  amounts  which  you  do  not 
lapse,  or  repeal  will  have  to  be  included  in  a  general  property  tax 
for  next  year  ? 

Let  us  now  consider  next  year's  estimates  by  themselves  without 
confusing  them  with  this  year's  balances  of  unapplied  authoriza- 
tions or  unused  cash.  In  all  statements  of  expenditures  and  re- 
ceipts I  omit  strictly  agency  transactions  where  the  state  acts  only  as 
collector  and  distributor. 

From  all  other  sources  of  revenue,  apart  from  general  property 
taxes,  receipts  may  not  safely  be  estimated  to  exceed  $9,300,000. 
This  is  somewhat  less  than  you  will  find  in  the  budget  estimates.  It 
is,  however,  all  that  it  is  safe  to  count  upon  and  more,  rather  than 
less,  than  should  be  appropriated  against.  Whether  to  use  the 
original  figure  or  the  reduced  figure  depends  upon  the  attitude  we 
are  to  take  toward  possible  assets.  If  we  take  the  attitude  which 
the  business  world  must  take,  several  estimates  ought  to  be  de- 
creased. We  shall  not  have  an  opportunity  to  correct  our  mistakes 
if  we  overestimate.  If  we  underestimate,  however,  the  state  will 
benefit.  For  example,  jitney  busses  will  cause  a  reduction  of  street 
railway  taxes;  income  taxes  will  certainly  yield  less;  $500,000 
should  not  be  estimated  from  the  life  insurance  company  that  is  suing 
to  recover  former  payments  or  appropriated  against  until  pending 
suit  is  decided;  inheritance  taxes  should  be  estimated  at  the  mini- 
mum of  recent  years — in  fact,  it  is  doubtful  if  they  should  ever 
be  appropriated  against  until  actually  received.  The  only  safe 
financing  is  to  assume  that  every  dollar  authorized  by  you  in  excess 
of  $9,300,000  will  have  to  come  from  taxes  on  general  property. 

Because  this  generous  total,  $9,300,000,  does  not  come  directly 
from  general  property  is  no  reason  why  it  should  be  treated  as  "easy 
come,  easy  go."  Taxes  levied  upon  general  property  for  the  uni- 
versity and  normal  schools  and  capitol  are  just  as  much  general 


74  MESSAGES  TO  THE  LEGISLATURE 

property  taxes  as  if  levied  for  any  other  state  work.  It  is  a  tax  none 
the  less  because  it  is  paid  by  railroads,  insurance  companies,  parents 
who  pay  incidental  fees,  inherited  estates  and  incomes.  Every 
dollar  of  it  which  is  wasted  or  needlessly  spent  means  a  dollar  added 
to  the  property  tax.  The  purpose  of  the  income,  railroad,  corpora- 
tion taxes,  etc.,  was  not  to  raise  more  taxes  but  to  raise  taxes 
more  equitably.  These  other  sources  of  revenue  should  be  used  to 
make  property  taxes  unnecessary  in  like  amounts,  not  to  conceal 
the  burden  of  unnecessary  expenditures.  The  public  in  turn  should 
hold  us  as  strictly  accountable  for  the  way  in  which  we  spend  this 
$9,300,000  which  it  feels  little  or  not  at  all,  as  for  our  direct  levy 
of  all  above  this  amount  through  a  general  property  tax. 

If  the  state  expenditures  were  kept  within  revenues  other  than 
general  property  taxes,  the  only  general  property  tax  needed  would 
be  $2,138,000  for  the  common  schools  which  the  state  collects 
merely  to  distribute  it  again  in  proportion  to  school  population. 
If,  on  the  other  hand,  all  estimates  in  the  budget  for  operation  and 
improvements  should  be  provided  for,  a  property  tax  of  $6,507,100 
would  be  needed  next  year  besides  the  common  school  tax  of 
$2,138,000,  or  a  total  of  $8,645,000.  This  would  be  $1,000,000 
larger  than  the  largest  previous  general  property  tax  ever  raised 
in  this  state  (1914)  and  even  then  would  not  provide  for  that 
part-  of  estimated,  unapplied  authorizations  not  included  in  the 
above  estimates  which  the  legislature  may  not  lapse  or  repeal  as  of 
June  30,  1915;  nor  would  it  provide  for  the  contingent  liability 
above  mentioned. 

For  operation  alone  you  were  asked  in  the  budget  estimates  to 
plan  an  expenditure  of  $12,277,000,  including  state  aid.  This  is 
$2,977,000  above  the  expected  receipts  from  other  sources  than 
general  property  tax.  For  improvements,  $3,530,000  is  asked.  This 
makes  a  total  of  $6,507,000,  any  fraction  of  which  could  come  only 
from  general  property  tax.  Again,  these  totals  do  not  include 
any  provision  for  outstanding  authorizations  for  improvements 
totaling  $1,935,000,  or  for  keeping  $114,000  balance  in  revolving 
fund. 

Somewhere  between  relying  upon  other  revenues  with  a  common 
school  tax  of  $2,138,000  and  a  general  property  tax  of  $10,694,000 
(amount  of  all  requests  for  next  year,  plus  unapplied  balances  of 
June  30,  not  included  in  estimates)  the  Legislature  must  fix  the 
final  general  tax  levy  for  next  year.  These  two  limits  are  extremes, 
b-it  extremes  which  help  show  the  state's  problem. 


SESSION  OF  1915  75 

There  is  already  appropriated  $11,1? 7,000  for  operation  again 
including  state  aid  and  $1,032,000  for  permanent  improvements  or 
a  total  of  $12,209,000.  (Operation;  boards  and  departments 
definite,  $2,795,600;  unlimited-sufficient,  $1,782,800;  receipts, 
$353,600;  highway,  $1,270,000;  board  of  control,  $1,983,100;  nor- 
mal schools,  $728,000;  capital,  $600,000;  normals,  $750,000;  Univer- 
sity, $47,000 ;  hoard  of  control,  $175,000 ;  boards  and  commissions, 
$135,000.)  This  is  $2,909,000  more  than  the  other  revenues.  Thus 
if  the  legislature  were  to  adjourn  without  acting  at  all  on  any 
appropriation  bill,  there  would  he  required  a  general  property  tax 
of  $2,909,000  for  state  purposes  and  $2,138,000  for  common 
schools;  or  for  all  purposes,  $5,047,000.  If  authorized  improve- 
ments already  contracted  for  are  continued,  $2,152,000  more  must 
be  provided  out  of  next  year's  levy  or  $7,199,000. 

The  foregoing  total,  $7,199,000,  provides  not  one  dollar  for  new 
appropriations  or  for  several  activities  that  must  be  continued  even 
though  they  have  not  as  yet  come  under  the  continuing  appropria- 
tions voted  by  the  legislature  of  1913.  As  to  outstanding  improve- 
ment authorizations  it  provides  only  for  those  against  which  charges 
have  already  been  made,  $2,152,000. 

Improvement  authorizations  against  which  no  charges  have  yet 
been  made  and  which  are,  therefore,  subject  to  repeal  without  stop- 
ping work  already  begun  total  $1,542,000.  These  authorized  but 
temporarily  arrested  improvements  are  the  following : 

$255,000  Agricultural  Board,  State  Fair  buildings. 
100,000  Forestry  investment  fund. 
20,000  Land  department  for  reserve. 
50,000  Merrimac  Bridge. 

12,000  Trade  School.     (Operation  never  charged  against.) 
50,000  Administration  Building,  Milwaukee. 
17,500  Madison  street  improvement. 
45,000  La  Crosse  Xormal. 
100,000  Xormal  dormitories. 
350,000  University,  men's  dormitory  and  union. 
200,000  University,  Physics  building. 
150,000  University,  Liberal  Arts  building. 
58,000  University,  Soils  building. 
50,000  University,  Shop  building. 
75,000  University,  Xew  building  equipment. 

9,000  University,  Lincoln's  statue. 
"$1,542,000     Total. 


76  MESSAGES  TO  THE  .LEGISLATURE 

(There  are  also  improvement  authorizations  which  become  avail- 
able July  1,  1915,  which  should  be  reviewed  to  see  whether  any 
of  those  may  be  postponed  without  injury  to  state  work. 
$50,000  Forestry  investment  fund. 
10,000  Land  Department. 
45,000  County    agricultural    buildings — no    construction 

contemplated  but  authorization  in  force. 
30,000  Highway  bridges. 
25,000  Board  of  Control  land. 

150,000  Southern  Wisconsin  Home  for  Feeble  Minded, 
which  will  carry  a  balance  of  $80,000  for  im- 
provements. 

75,000  Eau  Claire  Normal,  available  March  1,  1916. 
47,000  University  land  contract.) 

Before  you  ever  vote  upon  another  appropriation  bill,  therefore, 
you  start  with  present  authorizations  in  excess  of  expected  receipts, 
($7,199,000  plus  $1,542,000)  which,  if  not  diminished  by  repeal, 
will  require  a  general  property  tax  of  $8,741,000.  Xo  action  what- 
ever is  required  to  compel  this  sum,  $8,741,000,  in  the  tax  levy. 
To  reduce  that  levy  will  require  specific  action  by  the  legislature. 
In  other  words,  if  amounts  already  appropriated  are  not  reduced 
by  legislative  action,  every  dollar  that  from  now  on  is  voted  for  any 
purpose  whatsoever  will  come  out  of  general  property  tax  and  will 
be  fixed  in  the  tax  levy  by  the  legislature  before  it  adjourns. 

The  amount  that  shall  be  voted  is  for  the  legislature  to  propose. 
The  needs  of  the  state,  governed  by  the  ability  of  the  people  to  pay, 
should  determine  this  amount.  It  is  in  the  hope  of  helping  you 
measure  requests  by  needs  that  I  have  in  this  message  emphasized 
the  importance  of  legislative  compliance  with,  the  constitution  in 
fixing  the  tax  levy  and  have  recalled  that  every  dollar  of  appro- 
priations voted  for  next  year  or  retained  from  this  year  will  go 
into  the  tax  levy.  It  is  my  intention  to  consider  all  appropriation 
bills  at  one  time.  Obviously,  I  cannot  consider  the  merits  of  one 
appropriation  without  seeing  whether  or  not  there  is  money  to  meet 
this  increase  and  whether  it  seems  disproportionate.  If  there  is  an 
advantage  to  the  legislature  in  considering  the  passing  of  bills 
separately,  it  is  clear  that  for  the  governor  to  act  intelligently  and 
fairly  it  is  necessary  for  him  to  have  before  him  at  one  time  all  of 
the  bills  or  all  of  the  facts  relating  to  necessary  appropriations. 

Finally,  will  you,  so  far  as  you  can,  make  your  appropriations 


SESSION  OF  1915  77 

in  separate  bills.  This  will  be  especially  desirable  for  the  reason 
that  the  governor  will  thus  be  given  the  opportunity,  which  is  denied 
the  legislature  itself,  to  consider  each  bill  in  its  relation  to  all  other 
bills  and  to  the  state's  program  as  a  whole.  It  is  the  only  way  in 
which  the  governor  may  discharge  his  constitutional  duty  to  approve 
or  disapprove  appropriations  without  causing  unnecessary  trouble 
and  delay  for  the  legislature. 

In  the  interest  of  the  state  the  governor  must  express  his 
judgment  with  respect  to  the  details  as  well  as  the  totals  of  appro- 
priation bills.  In  order  to  enable  the  governor  to  do  that,  without 
causing  unnecessary  delay  and  trouble  for  the  legislature,  it  will 
be  advisable  to  send  the  appropriation  bills  here  in  such  form  as 
will  enable  him  to  disallow  such  items  as  he  deems  inadvisable, 
while  approving  of  all  items  which  seem  to  him  advisable. 
Respectfully  submitted, 

EMANTJEL  L.  PHILIPP, 

Governor. 


EXECUTIVE  COMMUNICATION 

To  the  Honorable,  the  Legislature : 

I  return  you  herewith  bill  No.  167,  A.  without  my  approval. 

Boulevards  and  parkways  are  constructed  at  a  large  cost  for 
the  purpose  of  beautifying  cities,  and  no  general  authority  should 
be  given  to  appropriate  them  for  traffic  purposes. 

If  it  is  desired  to  at  this  time  use  some  particular  boulevard 
or  street  in  order  to  improve  the  system  of  street  car  lines  for 
the  benefit  of  the  public,  the  law  should  be  specific  in  its  direc- 
tion, confining  the  authority  to  the  boulevard  or  parkway  that 
must  be  used  for  that  purpose. 

I  cannot  agree  to  the  proposition  of  giving  authority  to  use 
any  or  all  boulevards  and  parkways  for  the  accommodation  of 
transportation  lines. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 
Dated,  June  1,  1915.  Governor. 


June  10,  1915. 
To  the  Honorable,  the  Legislature: 

For  some  time  a  sentiment  has  been  growing  in  the  state  of 
Wisconsin  against   our  present   system   of  governing  educational 


78  MESSAGES  TO  THE  LEGISLATURE 

institutions.  That  sentiment  is  now  very  strong.  It  is  not  too 
much  to  say  that  the  majority  of  our  people  believe  that  our 
educational  system  is  top  heavy.  While  we  have  given  much  time, 
attention  and  money  to  the  development  of  higher  education,  our 
common  schools  have  received  too  little  attention,  particularly  our 
rural  schools  which  are  such  an  important  factor  in  upbuilding 
our  state  interests. 

There  is  also  a  strong  sentiment  among  our  people  that  our 
higher  institutions  of  learning  have  developed  too  fast.  I  do 
not  mean  that  in  the  matter  of  quality  our  growth  has  been  too 
great.  The  standards  of  our  educational  institutions  can  never 
be  too  high.  But  it  is  a  general  and  I  think  a  well  founded 
impression,  that  our  educational  institutions  have  adopted  a  policy 
of  expansion  which  is  outrunning  the  needs  of  our  own  state. 

With  a  view  to  making  a  more  equitable  distribution  of  the 
money  that  the  people  can  afford  to  raise  for  educational  pur- 
poses, and  with  the  further  object  of  correlating  our  educational 
system  so  that  all  our  educational  institutions  shall  grow  and 
prosper  proportionately,  this  legislature  has  undertaken  to  create 
new  laws  with  respect  to  our  educational  activities  and  to  estab- 
lish a  government  for  them  which  will  be  complete  in  its  organi- 
zation and  will  be  able  to  see  our  educational  requirements  from 
the  University  even  to  the  smallest  one-room  rural  school.  The 
problem  which  these  laws  aim  to  meet  has  been  expressed  by  Edi- 
tor Winship  of  the  Journal  of  Education,  Boston,  as  follows : 

".The  greatest  problems  that  Wisconsin  faces  are  those  that 
have  to  do  with  the  modernizing  of  her  school  system,  notably 
of  her  rural  and  village  schools." 

Our  higher  institutions  of  learning  require  more  cooperation, 
and  for  the  good  of  the  state  should  have  greater  regard  for  the 
entire  public  school  system. 

You  have  before  you  a  revised  bill  which  provides  for  a  cen- 
tral state  board  of  education. 

This  bill  is  offered  by  the  assembly  committee  on  education 
and  is  entitled  "Substitute  Amendment  No.  1,  A.  to  Bill  No. 
262,  A."  The  central  board  is  to  consist  of  twelve  members  and 
the  state  superintendent  of  public  instruction  ex-officio.  It  is  to 
have  fiscal  responsibility  for  all  state  supported  educational  ac- 
tivities and  governing  responsibility  for  all  state  educational  in- 
stitutions. The  twelve  appointive  members  are  to  be  appointed 


SESSION  or  1915  79 

by  the  governor  by  and  with  the  consent  of  the  senate  (Section 
376-51).  I  ask  your  support  of  this  bill  because  of  the  bene- 
fits it  promises  (1)  to  our  rural  and  other  common  schools,  (2) 
to  our  entire  educational  system,  arid  (3)  to  the  taxpayers  of 
the  state  who  have  asked  you  and  me  to  put  the  state  in  a  more 
favorable  position  when  dealing  with  requested  appropriations  for 
university,  normal  schools,  and  other  educational  purposes. 

The  bill  outlines  what  the  committee  on  education  deems  the 
best  step  for  Wisconsin  to  take  in  the  interest  of  its  tax  supported 
education.  It  represents  an  amount  of  study  and  deliberation 
such  as  can  be  given  to  few  legislative  proposals.  The  joint  com- 
mittee held  public  hearings  on  the  original  bill  introduced  by 
Assemblyman  Van  Gorden,  No.  262,  A.,  and  heard  in  detail  from 
those  favoring  and  opposing  the  central  board  idea.  In  many 
executive  sessions  it  reviewed  the  reasons  and  information  given 
at  the  hearings,  gave  consideration  to  letters  from  prominent  edu- 
cators in  our  own  and  other  states.  It  asks  you  now  to  accept 
its  conclusions  and  to  enact  its  substitute  bill  into  law.  I  wish 
to  supplement  its  recommendation  with  appeal  for  your  prompt 
and  favorable  action. 

It  has  been  thought  wise  not  to  burden  the  proposed  law  with 
much  detail.  After  stating  unequivocally  the  principle  of  cen- 
tral responsibility,  it  gives  to  the  central  board  general  powers 
by  which  it  can  supplement  the  procedure  which  the  act  describes 
with  such  additional  or  modified  procedure  as  experience  may 
show  to  be  necessary  in  order  to  increase  the  board's  efficiency. 
The  main  features  of  this  revised  bill  which  I  believe  entitle  it 
to  favorable  and  prompt  action  by  the  legislature  are  as  follows: 
It  insures  many  sided  attention  to  common  school  needs  which 
has  never  been  given  in  our  state.  It  requires  that  the  need  of 
the  common  schools  shall  be  the  starting  point  for  considering 
every  proposal  for  state  support  of  university,  normal  schools. 
Stout  institute  and  the  mining,  trade  school.  (Sections  376-51, 
54,  56,  65,  66,  69,  78,  79.) 

It  centralizes  and  unifies  control  of  matters  common  to  all  edu- 
cational activities  (Sections  376-51,  53,  55,  56,  64,  73,  78,  79). 

It  leaves  control  of  local  matters  to  local  authorities.  The  Uni- 
versity Board  of  Visitors  is  not  abolished,  but  continues  subject 
to  the  control  board  where  now  it  is  subject  to  the  separate  board 


80  MESSAGES  TO  THE  LEGISLATURE 

of  regents  (Sections  376-59,  70,  71,  72,  77).  Xo  duties  are  taken 
from  the  state  department  of  public  instruction. 

The  central  board  will  produce  a  balanced  growth  and  raise 
the  standard  of  our  common  schools.  This  better  preparation 
for  higher  education  will  redound  to  the  benefit  of  our  normal 
schools,  colleges  and  university. 

It  provides  that  one  or  more  regents  shall  be  appointed  from 
the  two  boards  of  regents  at  present  responsible  for  the  univer- 
sity and  normal  schools  (Section  376-51).  This  reserves  to  the 
new  board  the  knowledge  that  has  been  gained  by  experience  by 
the  older  board. 

It  requires  publicity  of  all  actions  and  records  and  requires 
not  only  annual  reports  which  will  account  for  work  done  and 
money  spent,  but  also  open  public  meetings,  open  records  of  meet- 
ings and  publicity  of  findings  of  executive  sessions  from  which 
the  public  may  .for  good  reason  be  excluded  (Sections  376-59, 
67,  69). 

It  continues  the  present  policy  that  only  a  minority  of  the 
board  shall  retire  each  biennium  so  that  there  shall  never  be  more 
than  a  minority  of  new  members  who  are  not  yet  acquainted  with 
the  board's  work  (Section  376-52). 

By  paying  a  per  diem  of  eight  dollars  plus  all  expenses  it  makes 
it  possible  for  able  men  on  small  incomes  to  give  to  the  state's 
educational  work  their  services  and  to  represent  the  laboring  classes 
and  the  farmer  and  the  small  business  man  who,  without  such  per 
diem  might  not  easily  be  represented  (Section  376-62). 

It  will  put  an  end  to  the  log-rolling  and  lobbying  with  the 
legislature  in  the  interest  of  one  or  the  other  educational  institu- 
tions. It  will  provide  not  only  information  for  legislators,  but 
also  a  thorough  advance  review  of  appropriations  demanded. 
Thus  they  may  decide  on  the  basis  of  evidence  without  the  inter- 
vention of  special  pleaders  (Sections  376-69,  70,  78). 

It  provides  for  a  responsible,  central,  continuous  study  from 
the  standpoint  of  the  whole  state  of  each  educational  activity 
(Sections  376-66,  78,  79). 

It  provides  a  unified  supervision  of  all  state  aided  educational 
institutions. 

It  puts  in  educational  hands  responsibility  for  educational  af- 
fairs and  into  business  hands  responsibility  for  business  affairs. 

This  bill  creating  a  central  board  of  education  does  not  include 


SESSION  OF  1915  81 

all  the  provisions  for  the  improvement  of  common  schools  which 
this  administration  has  proposed.  A  number  of  other  bills  are 
pending  which  must  be  taken  as  part  of  a  general  scheme  for 
promoting  education  of  the  masses.  The  educational  institution 
which  stands  in  greatest  need  of  immediate  assistance  is  the  rural 
school  where  a  large  percentage  of  our  country  boys  and  girls 
receive  all  the  education  they  ever  get. 

The  first  step  for  improving  our  rural  schools  is  to  improve 
the  rural  school  teacher.  In  order  to  accomplish  this  I  regard 
it  essential  that  rural  school  teaching  be  made  a  distinct  profes- 
sion. In  order  for  it  to  become  so,  sufficient  compensation  must 
be  provided  to  encourage  young  men  and  women  to  enter  this 
profession  and  stay  in  it.  Two  measures  are  now  in  the  hands 
of  the  education  committee  which  propose  that  the  state  pay 
out  of  the  seven-tenths  mill  tax  for  common  schools  graduated 
increases  in  salary  to  rural  and  village  school  teachers  accord- 
ing to  the  length  of  efficient  service.  Upon  these  bills  the  edu- 
cation committee  will  shortly  report.  The  committee  bill  will  aim 
to  make  country  teaching  at  least  as  remunerative  as  city  teach- 
ing. Under  no  other  system  can  we  hope  to  hold  talented  young 
men  and  women  in  rural  schools. 

Other  bills  which  provide  for  more  and  better  supervision  of 
rural  schools  are  also  in  the  hands  of  the  committee  on  educa- 
tion. By  better  supervision  we  mean  more  supervising  and  visit- 
ing teachers.  The  committee  has  found  that  counties  having  as 
high  as  350  rural  schools  now  employ  only  one  superintendent 
and  no  other  supervision.  This  is  practically  no  supervision. 
Still  other  bills  provide  that  the  state  will  out  of  the  seven-tenths 
mill  tax  for  common  schools  pay  the  salaries  of  supervising  teach- 
ers so  that  every  fifty  or  sixty  schools  under  the  county  superin- 
tendent will  have  at  least  one  supervisor. 

Thirdly,  there  has  been  general  complaint  that  the  county  board 
of  education  as  now  constituted  is  not  a  satisfactory  institution. 
A  strong  demand  arose  for  its  abolition.  In  fact,  one  branch  of 
this  legislature  has,  as  proposed  by  me  in  January,  already  gone 
so  far  as  to  repeal  the  law  creating  it.  The  objection  to  the  pres- 
ent law  has  been  based  largely  on  the  fact  that  because  of  the 
elective  feature  and  because  members  of  the  countv  boards  of 
education  receive  compensation,  slight  though  it  is,  the  office  has 
in  many  instances  been  sought  by  persons  who  were  not  inter- 


82  MESSAGES  TO  THE  LEGISLATURE 

ested  in  school  work.  At  the  same  time,  there  is  an  undoubted 
demand  for  county  supervision  with  respect  to  matters  such  as 
the  settlement  of  school  district  boundaries,  especially  in  the  more 
sparsely  settled  portions  of  the  state.  In  order  to  overcome  the 
objection  to  the  paid  board  and  at  the  same  time  to  retain  the 
benefits  of  a  county  board  of  education,  bills  are  being  consid- 
ered by  the  committee  on  education  which  will  provide  for  a 
non-paid  board  of  three  to  be  appointed  by  the  county  board 
instead  of  being  elected.  This  system  will  enable  the  county 
board  of  supervisors  to  select  men  who  are  interested  in  educa- 
tion and  who  are  willing  to  devote  their  time  to  the  betterment 
of  our  schools.  Furthermore,  this  new  system  will  keep  these 
boards  out  of  politics. 

A  fourth  proposal  would  increase  the  minimum  compensation 
of  county  superintendents  from  $1,000  to  $1,200  per  annum  in 
order  to  attract  and  to  hold  competent  men  and  women. 

These  four  bills  and  the  central  board  of  education  bill  are 
measures  proposed  by  this  administration  in  the  interest  of  a 
better  educational  system. 

That  more  attention  must  be  given  to  superintendence  and  in- 
spection of  our  rural  schools  may  be  deduced  from  the  follow- 
ing figures. 

Of  211,000  children  between  the  ages  of  7  and  14  who  at- 
tended schools  under  county  superintendents  last  year,  62,000,  or 
nearly  one  in  three,  attended  less  than  the  regular  number  of 
days.  One  in  10,  or  16,400  of  rural  school  children  attended 
fewer  than  40  days;  one  in  5,  or  32,400  attended  fewer  than 
60  days.  In  rural  and  common  schools  outside  of  cities  204,000 
between  the  ages  of  7  and  20  either  never  went  to  school  at  all 
or  else  attended  so  few  days  that  they  could  have  derived  little 
or  no  benefit  from  their  schooling. 

There  are  now  eight  normal  schools  in  operation  and  an  addi- 
tional one  will  soon  be  completed  at  Eau  Claire.  These  schools 
are  maintained  at  a  large  cost,  and  are  supposed  to  be  profes- 
sional schools  for  the  training  of  teachers.  Reports  show  that 
in  the  year  1914  only  123  normal  school  graduates  were  teaching 
in  rural  schools.  Evidently  the  graduates  of  these  schools  find 
employment  in  the  cities  or  leave  the  state.  The  rural  schools 
receive  but  little  aid  from  them.  Our  experience  in  this  respect 
shows  conclusively  that  our  rural  schools  need  not  look  to  the 


SESSION  OF  1915  83 

normal  schools  for  a  supply  of  trained  teachers.  Some  provision 
must  be  made  for  better  qualified  teachers  for  our  country  schools. 
The  county  training  schools  could  be  used  for  that  purpose.  The 
educational  standard  of  those  institutions  should  be  raised,  and 
more  of  them  should  be  built.  The  children  in  the  country  should 
be  given  an  opportunity  to  get  a  good  general  education  besides 
being  trained  in  agriculture,  and  the  country  teacher  should  be 
prepared  to  meet  this  necessity. 

The  need  of  more  comprehensive  study  of  the  financial  require- 
ments of  the  normal  schools  and  the  university  was  plainly  shown 
by  the  manner  in  which  the  budgets  for  these  institutions  were 
submitted  to  the  present  legislature.  The  normal  school  bud- 
get came  to  this  legislature  without  the  proper  review  by  regents 
and  without  plan  for  the  economies  which  officials  in  the  sum- 
mer of  1914  announced  as  accomplished.  The  university  budget 
asking  for  $6,000,000  for  the  next  biennium  came  to  this  legis- 
lature with  the  explanation  that  it  represented  the  estimates  of 
the  educational  officers  and  business  manager,  and  that  there 
was  not  available  time  to  submit  these  estimates  to  the  regents 
for  review  and  revision. 

The  budget  estimates  for  these  various  purposes,  which  total 
$10,000,000  for  the  next  biennium,  were  not  compared  with  one 
another  or  fitted  to  one  another  or  even  reviewed  by  any  one 
representing  the  whole  state  before  they  were  submitted  to  the 
legislature.  Instead  of  being  treated  as  different  parts  of  one 
state  program,  each  of  these  measures  is  being  promoted  by  rep- 
resentatives of  the  respective  institutions  and  sometimes  by  log- 
rolling and  lobbying.  It  is  such  procedure  and  such  conditions 
that  have  caused  legislators,  governor  and  public  alike  to  over- 
look the  common  and  rural  school.  Out  of  sight  means  out  of 
mind  here  as  in  other  human  affairs. 

In  this  bill  substantial  headway  is  made  toward  insuring  the 
combination  of  advantages  to  which  President  Silas  Evans  of 
Eipon  College  referred  in  his  letter  as  follows: 

"It  has  been  my  conviction  that  some  central,  unifying  agency 
is  the  crux  of  a  constructive  educational  policy.  It  can  bring 
proper  perspective  for  service  to  the  separate  schools,  can  curb 
or  direct  the  ambitions  of  administrative  officers  and  instructors 
into  lines  of  social  service,  and  also  can  more  rightly  proportion 
the  funds  which  are  available.  Complexity  of  interest  in  educa- 


84  MESSAGES  TO  THE  LEGISLATURE 

tion  demands  simplicity  of  oversight  for  adjustment.  Education 
in  and  for  a  democracy  clearly  must  not  neglect  the  majority. 
The  far-reaching  policy  is  to  care  adequately  for  the  rural  schools 
and  the  grades.  While  giving  enabling  powers  to  the  large  num- 
ber in  their  period  of  greatest  need,  the  higher  schools  of  learn- 
ing, which  furnish  the  leadership  in  all  lines,  must  also  not  be 
neglected." 

In  many  ways  the  rural  and  other  common  schools  will  be  aided 
if  you  pass  this  revised  bill.  It  makes  the  central  board  a  board 
of  estimate  and  apportionment  for  the  entire  school  system — 
common  schools  as  well  as  the  university  normal  school,  Stout 
institute  and  mining  trade  school  (Section  376-69).  It  makes 
the  elective  state  superintendent  of  public  instruction  a  member 
of  the  central  board  for  the  express  purpose  of  having  the  com- 
mon schools  always  represented  in  its  deliberations  (Section  376- 
51).  It  makes  a  knowledge  of  common  schools  a  qualification 
for  membership  on  the  central  board — in  other  words,  a  governor 
may  not  appoint  to  the  central  board  a  person  who  has  not  a 
"general  knowledge  of  common  schools"  and  a  "knowledge  of  state 
needs"  (Section  376-51).  It  specifically  imposes  upon  the  cen- 
tral board  the  duty  of  keeping  the  common  schools  in  mind  when 
it  considers  the  so-called  higher  schools  "to  the  end  that  all  tax 
supported  educational  institutions  may  become  a  harmonious  and 
correlated  whole"  (Section  376-56). 

In  selecting  a  commissioner  from  "men  of  recognized  educa- 
tional leadership"  the  board  is  to  rank  successful  experience  in 
the  public  school  field  as  proper  qualification.  It  is  made  neces- 
sary for  the  board  and  him  to  study  "the  several  grades  of  schools" 
and  "every  phase  of  public  education"  (Section  376-66).  In  pre- 
paring budgets  for  the  university  and  normal  schools  it  must 
keep  in  mind  the  background  of  public  school  needs. 

The  bill  requires  that  the  existing  organization  for  supervising 
the  common  schools,  the  department  of  public  instruction,  be 
recognized  and  used  by  the  central  board,  which  must  use  "the 
information  obtainable  in  the  department  of  the  state  superin- 
tendent so  far  as  practical"  (Section  376-66).  It  must  not  only 
receive  and  consider  recommendations  from  the  state  superin- 
tendent and  exchange  information  with  him,  but  must  make  rec- 
ommendations to  him  in  addition  to  any  recommendations  which 


SESSION  OF  1915  85 

it  may  make  to  the  legislature  when  submitting  the  educational 
budget  (Section  376-51,  69,  78). 

The  mere  recital  of  this  many-sided  program  for  aiding  the 
rural  and  common  schools  shows  that  the  bill  represents  a  long 
step  forward  in  the  right  direction. 

At  the  same  time,  it  is  obvious  that  each  of  these  steps  will 
help  the  university,  the  normal  schools,  Stout  institute  and  the 
mining  trade  school,  each  of  which  exists  as  part  of  the  educa- 
tional system  and  not  for  itself.  The  stronger  the  lower  schools, 
the  greater  will  be  the  demand  for  higher  schools.  Attention 
such  as  this  bill  provides  will  never  be  given  until  the  legislature 
makes  it  the  business  of  official  body  and  of  one  set  of  officers 
to  think  of  different  parts  of  the  state's  educational  work  not 
as  separate  and  independent  activities,  but  as  related,  mutually 
dependent  parts  of  a  great  whole.  It  is  not  necessary  to  show 
that  Wisconsin  is  an  exception.  It  is  not  an  exception  unless 
in  the  fact  that  it  proposes  now  to  deal  more  comprehensively 
with  this  situation  than  the  majority  of  states  have  yet  done. 
The  whole  case  is  put  in  a  nut  shell  in  a  letter  which  I  received 
from  President  Pritchett  of  the  Carnegie  Foundation  for  the 
Advancement  of  Teaching: 

"Under  existing  conditions  when  each  part  of  the  state's  sys- 
tem develops  without  regard  to  the  other  there  is  enormous  waste 
of  money  and  of  equipment.  More  important  still  there  is  an 
educational  waste  which  shows  itself  in  superficial  teaching,  in 
emphasizing  so-called  higher  education  at  the  expense  of  thorough 
elementary  teaching  and  in  setting  the  ambitions  of  children 
toward  other  callings  than  those  of  their  own  neighborhood." 

In  settling  home  questions  like  this,  Wisconsin  must  be  guided 
by  its  own  knowledge  of  its  own  needs.  But  no  state  can  afford 
to  act  without  doing  its  best  to  profit  from  the  experience  of 
other  states.  Acting  for  the  committee  and  for  the  state  I  sought 
out-of-state  opinion  and  experience,  by  writing  to  noted  educa- 
tors who  as  presidents  of  colleges,  professors  of  government  and 
education  or  commissioners  of  education  or  other  administrators 
have  had  reason  to  study  the  advantages  and  difficulties  such  as 
are  involved  in  the  unification  of  Wisconsin's  educational  system. 

The  answers  to  these  letters  have  been  carefully  considered. 
They  are  important  because  they  are  specific.  Because  a  man 
might  favor  one  part  of  the  plan  and  be  opposed  to  another  I 


86  MESSAGES  TO  THE  LEGISLATURE 

did  my  best  to  ask  questions  which  would  ascertain  what  each 
one  opposes  and  what  each  one  favors.  The  plan  before  this  leg- 
islature was  stated  and  the  questions  asked,  whether  so  far  as 
practicable,  state  co-operation  in  common  school  work  should  be 
included  in  the  scheme  of  unified  supervision ;  whether  centrali- 
zation should  stop  with  central  financial  control  or  should  include 
other  governing  powers;  whether  local  boards  for  the  university 
and  normals  should  be  retained  after  a  central  board  is  appointed ; 
whether  weaknesses  heretofore  exhibited  by  various  central  boards 
of  education  have  been  inherent  in  central  control  or  due  to  pre- 
ventable procedure  and  method.  Suggestions  and  answers  were 
followed  up  and  every  effort  made  to  get  for  Wisconsin  the  most 
competent  judgment  of  the  country  with  respect  to  a  unifica- 
tion plan  for  Wisconsin's  educational  system. 

Xoted  educators  have  answered  in  full  detail  and  with  expres- 
sions of  interest  in  Wisconsin's  problem  as  it  relates  to  the  na- 
tion's problem.  They  want  us  to  solve  this  problem  right.  They 
do  not  all  agree.  But  there  was  a  general  opinion  that  the  cen- 
tral board  was  the  tendency  of  modern  educational  advancement. 

By  common  agreement  the  central  board  has  been  a  success 
in  Xew  York,  Massachusetts,  Xew  Jersey,  Florida  and  Idaho. 
Those  nearest  to  the  situation  in  Kansas,  Oklahoma  and  Idaho 
claim  that  experience  testifies  for  and  not  against  central  boards 
and  that  the  mistakes  which  have  been  made  are  not  difficult  to 
avoid. 

There  is  just  one  agency  in  the  country,  excepting  possibly  the 
United  States  Bureau  of  Education,  which  has  been  trying  to 
study  this  question  of  central  boards  of  education  extensively 
and  comprehensively.  This  agency  is  the  Carnegie  Foundation 
for  the  Advancement  of  Teaching.  President  Pritchett  of  this 
Foundation  has  repeatedly  stated  in  his  reports  that  the  tendency 
is  undeniably  toward  centralization  and  has  shown  with  respect 
to  many  mistakes  that  they  were  due  to  administrative  elements 
which  the  Wisconsin  bill  has  in  large  measure  provided  against. 
In  writing  to  me,  President  Pritchett  declared,  "Unity  of  pur- 
pose and  co-ordination  among  the  various  state  schools  can  be 
secured  only  by  providing  one  agency  to  oversee  and  scrutinize 
th'e  work  of  all." 

Among  the  benefits  which  have  resulted  from  the  Iowa  central 
board  the  secretary  reports:  "The  board  has  completely  reor- 


SESSION  OF  1915  87 

ganized,  strengthened  and  greatly  increased  the  efficiency  of  va- 
rious departments  in  each  of  the  institutions."  Salaries  have 
been  standardized  upward  and  more  competent  instructors  se- 
cured. Institutions  have  stopped  trying  to  excel  one  another 
and  to  encroach  upon  another  for,  as  President  Murphy  wrote: 
"They  have  all  been  kept  from  entering  new  fields  and  their  ener- 
gies directed  along  lines  of  greater  efficiency  within  their  present 
fields." 

Other  gains  to  Iowa  we  wish  to  duplicate  by  means  of  a  cen- 
tral board  in  Wisconsin.  To  quote  President  Murphy  again : 
"Legislative  lobbying  by  faculty  members,  presidents  and  self- 
constituted  friends  of  institutions  has  ceased.  At  the  recent  ses- 
sion not  a  single  member  of  the  teaching  staff  of  an  institution 
against  which  a  determined  and  bitter  fight  was  being  made  ap- 
peared in  Des  Moines.  Everyone  was  at  home  attending  his  prop- 
er affairs.  The  presidents  came  when  called  upon  for  informa- 
tion. The  senate  passed  the  central  board's  budget  recommenda- 
tions without  a  dissenting  vote  and  in  the  house  on  the  last  bal- 
lot there  were  but  five  who  recorded  themselves  against  it." 

"Iowa's  central  board  was  created  very  largely  because  the  legis- 
lature became  disgusted  with  the  old  system  of  lobbying  for  funds. 
Before  the  creation  of  the  present  board  each  of  the  institutions 
went  before  the  general  assembly  seeking  for  large  sums  of  money 
and  a  great  part  of  the  energy  of  the  president  and  deans  and 
some  of  the  members  of  the  faculty  was  expended  during  the 
legislative  sessions  in  lobbying." 

A  central  board  will  not  lend  itself  as  easily  to  political  in- 
fluence and  personal  manipulations  as  do  local  boards.  No  one 
charges  that  the  central  boards  of  Massachusetts,  New  York,  Xew 
Jersey,  Florida,  Kansas,  Iowa  or  Idaho  are  being  used  for  political 
purposes. 

The  interests  of  the  instructional  staff  are  more  carefully  guard- 
ed in  the  new  bill  than  under  the  present  law.  The  fear  that 
academic  freedom  will  be  interfered  with  by  a  central  board  has 
not  been  expressed  by  any  educational  officer  in  our  state  so 
far  as  I  know.  It  has  appeared  chiefly  in  out-of-state  papers 
which  expressed  concern  for  freedom  at  the  university.  As  stated 
before,  the  bill  places  the  responsibility  for  education  upon  edu- 
cators and  a  comparison  with  this  feature  with  the  present  law 
must  immediately  convince  the  members  that  the  proposed  bill 


88  MESSAGES  TO  THE  LEGISLATURE 

goes  further  in  the  matter  of  educational  freedom  than  does  the 
existing  statute.  A  board  of  managers  as  is  proposed  in  this 
bill  should  not  be  expected  to  manage  the  details  of  instruction 
in  a  great  university.  Its  course  should  be  influenced  by  the 
results  which  the  institution  produces,  and  whenever  results  are 
unsatisfactory  it  has  full  power  to  make  such  change  in  the  faculty 
as  the  interests  of  the  institution  may  require. 

It  has  been  urged  that  where  a  state  has  a  state  superintendent 
of  public  instruction  a  new  officer  with  the  title  of  commissioner 
of  education  should  not  be  added.  I  see  no  danger  that  the 
people  will  forget  who  is  who  among  the  state's  educational  of- 
ficers; or  that  the  office  responsible  for  detailed  attention  to  pub- 
lic schools  will  lose  in  prestige  because  of  such  possible  confu- 
sion; or  that  the  state  superintendent  of  public  instruction  and 
the  commissioner  will  interfere  with  one  another's  work;  or  that 
rivalry  between  the  two  sets  of  assistants  will  injure  where  the 
bill  aims  to  help  the  common  school. 

Our  state  constitution  provides  for  a  state  superintendent  of 
public  instruction  to  be  elected  by  the  people.  This  same  sec- 
tion leaves  to  the  legislature  to  determine  what  other  educational 
official  shall  share  with  the  superintendent  responsibility  for  super- 
vising public  instruction.  It  also  leaves  to  the  legislature  respon- 
sibility for  deciding  what  the  duties  of  the  state  superintendent 
of  public  instruction  shall  be.  The  provision  reads: 

Article  10,  Section  1 :     "The  supervision  of  public  instruc- 
tion shall  be  vested  in  a  state  superintendent  and  such  other 
officers  as  the  legislature  shall  direct;  and  the  qualifications, 
powers,  duties  and  compensations  shall  be  prescribed  by  law." 
It  seems  reasonable  that  an  effort  to  co-operate  and  to  prevent 
confusion  will  be  just  as  successful  if  the  state  board's  officer  is 
called  "commissioner"  as  if  he  were  called  "secretary"  or  "execu- 
tive secretary."     No  one  in  the  state  thinks  of  the  state  depart- 
ment of  education  as  a  board  of  co-ordinate  officers.     Everyone 
who  knows  of  it  at  all  knows  that  it  is  the  office  which  is  directed 
by  the  state  superintendent  of  public  instruction.     The  only  con- 
flict or  confusion  that  might  be  serious  would  be  a  conflict   or 
confusion   of  duties.     No  conflict  of  this   kind   exists.     Against 
such  confusion  the  bill  specifically  provides.     The  two  divisions 
of  government  are  to   supplement   and   strengthen   one  another. 
Quibbling  about  titles  should  receive  no  consideration  when  the 


SESSION  or  1915  89 

interests  of  our  boys  and  girls  are  at  stake.  I  am  confident  that 
the  present  state  superintendent  of  public  instruction  and  his 
successors  and  their  subordinates  will  find  in  the  state  board  of 
education  and  its  commissioner  material  backing  which  hereto- 
fore has  been  lacking  for  projects  known  to  be  necessary  in  the 
interest  of  the  public  schools.  In  other  words,  the  central  board 
bill  removes  from  the  normal  schools  and  university  the  special 
advantage  which  they  heretofore  have  enjoyed  over  the  common 
schools,  and  gives  to  the  public  schools  an  organized  citizen  in- 
terest which  it  has  always  needed  and  heretofore-  has  lacked  when 
common  school  needs  were  before  the  legislature  and  the  public. 
In  urging  the  passage  of  this  bill  I  have  had  only  the  welfare 
of  our  educational  institutions  in  mind.  I  am  firmly  of  the  opin- 
ion that  we  can  render  no  greater  service  to  the  people  of  Wis- 
consin than  to  enact  this  bill  into  law  and  create  a  new  govern- 
ment for  our  educational  institutions  designed  to  give  equal  op- 
portunities to  all  who  depend  upon  the  state  for  an  education. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 


To  the  Honorable,  the  Legislature: 

The  result  of  the  forestry  case,  (so-called),  suggests  that  I 
should  urgently  recommend  such  legislative  action  as  will  sup- 
plement as  efficiently  as  possible  the  working  of  the  court  in 
rescuing  the  state  educational  trust  lands  and  funds  from  im- 
proper diversion  thereof. 

The  constitutional  plan  was  that  all  lands  dedicated  by  grants 
from  the  United  States  to  the  state  for  educational  purposes 
should  be  administered  by  the  commissioners  of  public  lands,  com- 
posed of  the  attorney  general,  the  state  treasurer  and  the  secre- 
tary of  state.  In  the  spirit,  thereof  all  lands  which  the  state  de- 
rived from  the  swamp  land  grant  and  by  the  state  constitution 
dedicated  to  educational  purposes,  so  far  as  the  proceeds  thereof 
were  not  required  to  drain  such  lands,  were,  in  the  beginning, 
placed  by  the  legislature  under  the  same  jurisdiction  as  school 
lands  proper.  Thus  the  situation  remained  for  some  fifty  years 
and  until  the  unlawful  diversion  commenced  which  the  court  has 
most  emphatically  condemned.  Had  the  legislature  appreciated 
that  the  lands  were  so  impressed  with  special  trusts,  and  in  the 


90  MESSAGES  TO  THE  LEGISLATURE 

main  for  educational  purposes,  that  it  had  no  competency  to 
devote  the  same  to  a  purpose  foreign  thereto,  it  seems  certain 
administrative  control  would  have  been  left  with  the  commission- 
ers of  public  lands.  Divided  control,  where  there  can  be  no  di- 
vided use,  would  seem  to  be  clearly  bad  policy  and  necessarily 
lead  to  waste  and  again  endanger  the  integrity  of  the  educa- 
tional trust. 

I,  therefore,  recommend  that  the  forestry  legislation  be  revised 
so  as  to  eliminate  all  parts  which  have  been  condemned  by  the 
court,  and  restore  administrative  control  of  all  such  trust  fund 
lands  to  the  commissioner  of  public  lands  and  make  it  the  duty 
of  the  board  of  conservation  to  take  charge  of  the  field  work 
of  forestry  character  and  of  protecting  the  trust  lands  from  dan- 
ger of  fires  and  trespass  losses  and  realization  on  dead,  dying 
and  mature  timber  and  annual  forest  products.  If  the  board 
of  conservation  is  not  created  by  law  then  the  work  of  forestry 
should  be  placed  in  charge  of  a  forester  to  be  appointed 
by  the  governor  upon  recommendation  of  the  commissioners  of 
public  lands  and  subject  to  removal  for  cause  by  the  ap- 
pointing power,  he  and  such  other  employes  as  may  be  neces- 
sary in  looking  after  the  trust  lands  to  be  under  the  supervision 
of  and  accountable  to  such  commissioners. 

Since-  the  great  mass  of  remaining  trust  lands  held  by  the 
state  belong  to  the  normal  school  trusts,  and  it  is  questionable 
whether  the  trust  will  not  be  conserved  by  withholding  the  lands 
from  sale  for  a  time,  I  recommend  for  your  consideration  that 
the  board  having  administrative  charge  of  the  normal  schools 
be  accorded  such  advisory  communication  with  the  administra- 
tion of  such  lands,  especially  with  sales  thereof,  as  will  make 
their  influence  on  such  board  efficient  to  protect  any  further 
attempt  to  divert  the  lands,  or  any  part  thereof,  to  other  pur- 
poses, and  prevent  any  undue  haste  in  selling  the  same. 

The  present  system  of  an  independent  board  of  forestry  to 
handle  the  trust  lands  substantially  independent  of  the  consti- 
tutional board  seems  very  poor  policy  in  the  light  of  the  forestry 
decision.  The  lands  can  be  made  a  source  of  income  for  school 
purposes,  as  was  designed  by  the  framers  of  the  constitution.  The 
scheme  of  reforesting  these  lands  wherever  the  same  have  been 
cut  over  is  at  best  a  poor  business  proposition  and  a  burden  upon 
the  taxpayers  of  the  state. 


SESSION  OF  1915  91 

By  the  plan  I  recommend  large  sums  of  money  can  annually 
be  saved  to  the  taxpayers  and  the  danger  of  again  diverting  and 
losing  sight  of  the  sacred  character  of  the  trust  funds  will  be 
avoided. 

I  wish  to  call  your  attention  to  the  fact  that  the  law  makes 
no  provision  for  the  safe-keeping  of  deeds  and  other  papers  and 
records  covering  lands  belonging  to  the  state.  The  result  is  that 
such  papers  are  deposited  in  various  offices  in  the  capitol  build- 
ing and  there  is  no  systematic  care  of  same.  Some  public  office 
in  the  capitol  building  should  be  made  a  repository  for  all  docu- 
ments of  that  character.  Suitable  vaults  should  be  provided  for 
their  safe  keeping  and  proper  records  should  be  kept.  I  recom- 
mend that  you  enact  such  legislation  as  may  be  necessary  to  com- 
ply with  this  requirement. 

There  is  a  strong  sentiment  among  our  people  that  this  ad- 
ministration shall  curtail  public  expenditures  with  a  view  of  les- 
sening the  burden  of  taxation.  This  sentiment  was  given  full 
expression  at  the  polls  last  fall  and  I  question  whether  any  man 
would  have  been  elected  to  any  public  office  of  importance  who 
made  it  known  that  he  was  unwilling  to  comply  with  this  de- 
mand. The  people  understand  that  substantial  economies  in  our 
state  government  cannot  be  brought  about  unless  there  be  a  cur- 
tailment of  expenditures  in  all  of  our  public  institutions.  One 
of  the  economies  that  was  strongly  urged  and  which  I  fully  en- 
dorse is  the  abolishment  of  all  useless  commissions  and  the  con- 
solidation of  those  that  are  retained  in  order  that  we  may  prevent 
duplication  of  service  and  produce  greater  efficiency  at  a  reduced 
cost  of  administration.  Early  in  the  session  the  legislature  ap- 
pointed a  committee  of  investigation  for  the  purpose  of  studying 
the  various  state  activities  with  a  view  of  re-arranging  them  upon 
a  more  economical  basis.  Three  consolidated  boards  were  agreed 
upon  by  the  committee  of  investigation  and  I  recommend  them 
to  you  for  your  favorable  consideration. 

The  board  of  conservation  embraces  the  fish  commission,  the 
fish  and  game  protection  department,  the  forestry  board  and  the 
board  of  state  parks.  These  four  state  activities  naturally  be- 
long together  and  can  be  operated  by  a  single  board  consisting 
of  three  men  with  much  better  results  and  at  a  greatly  reduced 
cost. 

The   new   agricultural   board  recommended  by  the   committee, 


92  MESSAGES  TO  THE  LEGISLATURE 

consisting  of  the  present  board  of  agriculture,  the  live  stock  sani- 
tary board,  the  state  veterinarian,  the  immigration  commission 
and  the  state  inspector  of  apiaries,  properly  merges  all  these  agri- 
cultural activities  under  a  single  head  consisting  of  three  com- 
missioners. I  recommend  this  consolidation  to  you  in  the  inter- 
est of  economy  and  greater  efficiency.  Although  the  state  has 
at  this  time  an  agricultural  board,  it  is  an  agricultural  board  in 
name  only.  It  has  devoted  its  time  to  the  promotion  of  the  an- 
nual state  fair  and  practically  to  no  other  agricultural  subject. 
It  is  proper  to  say  in  this  connection  that  the  members  serve 
without  pay  and  we  should  be  grateful  to  them  for  whatever  serv- 
ice they  have  rendered.  However,  the  great  agricultural  state 
of  Wisconsin  should  not  be  without  an  agricultural  bureau  that 
devotes  all  of  its  time  to  the  development  of  our  agricultural  in- 
terests. Much  profitable  work  can  be  done  in  the  way  of  increas- 
ing our  production  by  producing  better  seeds  and  promoting  im- 
proved methods  of  farming  as  well  as  improving  our  live  stock 
and  our  dairy  products.  These  are  subjects  that  deserve  the  at- 
tention of  the  state.  There  is  no  answer  to  the  demand  for  a 
lower  cost  of  living  except  the  increased  production  of  our  farms. 

In  order  that  the  work  of  inspection  now  carried  on  by  the 
state  may  be  better  organized  and  that  this  state  activity  may 
be  carried  on  in  a  more  economical  and  businesslike  manner,  the 
committee  on  investigation  reported  a  bill  which  creates  a  board 
of  public  welfare.  As  this  bill  was  originally  drawn  it  included 
the  dairy  and  food  department,  the  board  of  public  health,  the 
board  of  control  and  the  oil  inspection  departments.  These  boards 
jointly  employ  a  large  number  of  inspectors,  each  attending  to 
its  own  particular  business  without  reference  to  the  requirements 
of  the  other.  There  is  probably  little  that  one  inspector  could 
not  do  where  often  three  or  four  are  in  evidence.  Such  a  sys- 
tem is  wasteful  and,  like  all  other  overloaded  organizations,  the 
men  employed  soon  become  inefficient. 

A  statement  has  been  industriously  circulated  that  the  proposed 
law  will  associate  the  work  of  the  state  board  of  health  with 
departments  with  which  it  has  nothing  in  common  and  that  the 
efficiency  of  the  health  department  will  be  destroyed.  Such  state- 
ments are  unwarranted  and  are  made  by  men  who  either  do  not 
understand  the  purpose  of  the  proposed  law  or  are  actuated  by 
selfish  motives. 


SESSION  OF  1915  93 

Men  who  have  made  a  study  of  state  government  will  freely 
admit  that  the  work  of  the  board  of  control  and  the  state  board 
of  health  should  have  been  joined  years  ago.  Men  who  are  com- 
petent to  supervise  health  and  sanitation  are  well  equipped  to 
act  as  supervisors  of  our  penal  institutions.  Such  work  as  plumb- 
ing inspection,  which  is  now  in  charge  of  the  state  board  of  health 
and  which  must  necessarily  be  carried  on  by  a  plumber  rather 
than  a  doctor,  should  be  placed  in  charge  of  the  state  industrial 
commission  which  has  the  supervision  of  other  mechanical  work. 

There  is  much  duplication  in  the  inspection  service  of  these 
departments.  To  illustrate:  The  health  department  inspects 
slaughter  houses,  the  dairy  and  food  department  inspects  meat 
markets,  the  weights  and  measures  department  inspects  the  scales 
in  the  meat  market,  another  inspector  of  the  health  department 
may  inspect  the  plumbing  and  sewerage  of  the  same  market, 
while  the  oil  inspector  may  inspect  the  oil  and  gasoline  used  by 
the  butcher;  the  hotel  inspector  may  inspect  the  restaurant  in 
the  same  block,  and  it  is  altogether  possible  that  all  of  these  in- 
spectors may  arrive  at  the  same  place  on  the  same  day.  It  is 
for  the  purpose  of  avoiding  such  waste  of  the  government's  money 
that  this  proposed  consolidation  has  been  submitted  to  you  and 
I  recommend  it  for  your  favorable  consideration. 

The  three  bills  that  I  have  referred  to  have  passed  the  assem- 
bly and  are  now  pending  in  the  senate.  The  bill  which  trans- 
fers the  duties  of  the  fire  marshal  in  part  to  the  insurance  com- 
missioner and  in  part  to  the  industrial  commission  and  another 
bill  re-organizing  the  tax  commission  in  the  interest  of  greater 
economy  in  the  collection  of  our  taxes  are  also  pending.  The 
consolidation  bills  that  I  have  referred  to  give  the  governor  the 
right  to  exercise  some  control  over  the  expenditures  of  these  in- 
stitutions as  the  proposed  law  provides  that  whenever  one  of 
these  departments  proposes  to  increase  its  expenses  it  must  have 
the  authority  of  the  governor  to  do  so.  The  purpose  of  this  pro- 
vision is  to  bring  these  bureaus  in  closer  touch  with  the  people 
so  that  whenever  the  cost  for  operating  the  same  becomes  too  large 
the  people  will  know  that  the  governor  is  responsible  for  the  in- 
creased cost. 

These  consolidations  have  been  made  in  response  to  a  demand 
from  the  people  for  less  commissions  and  greater  economy.  It 
is  the  purpose  of  this  administration  to  keep  faith  with  the  peo- 


94  MESSAGES  TO  THE  LEGISLATURE 

pie  in  this  as  in  all  other  respects  and  I,  therefore,  recommend 
that  you  give  favorable  consideration  to  the  propositions  that  I 
have  herein  referred  to. 

Respectfully  submitted, 

EMANTJEL  L.  PHILIPP, 

Governor. 
Dated,  June  17,  1915. 


To  the  Honorable,  the  Senate : 

Pursuant  to  the  statute  governing,  I  hereby  nominate  and,  by 
and  with  the  advice  and  consent  of  the  senate,  appoint : 

M.  J.  Cleary  of  Blanchardville  to  be  Commissioner  of  Insur- 
ance for  the  term  beginning  July  1,  1915,  and  ending  June  30, 
1919. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 
Dated,  June  25,  1915. 


To  the  Honorable,  the  Assembly: 

I  return  herewith  bill  Xo.  40,  A.,  without  my  approval,  en- 
titled "An  act  to  create  section  1623  of  the  statutes,  relating  to 
the  running  at  large  of  dogs  and  providing  a  penalty." 

The  bill  provides  that  except  in  cities  or  villages  where  dogs 
are  required  to  be  licensed  no  owner  or  keeper  or  other  person 
in  charge  of  a  dog  shall  willfully  or  negligently  permit  or  allow 
such,  dog  to  go  beyond  the  limits  of  the  premises  owned,  leased 
or  controlled  by  him  or  beyond  the  limits  of  the  premises  on 
which  the  dog  is  regularly  kept. 

There  can,  of  course,  be  no  objection  to  confining  dogs  so  far 
as  possible  to  the  premises  of  the  owner;  nor  can  there  be  any 
valid  objection  to  holding  the  owner  responsible  for  any  damage 
that  such  dog  or  dogs  may  do.  The  provisions  of  the  law  at 
present  afford  ample  protection  in  this  respect. 

The  penalty,  however,  provided  in  this  bill  is  excessive.  It 
does  not  seem  reasonable  that  a  court  should  be  given  the  right 
to  commit  a  man  to  jail  for  a  period  of  thirty  days  because  of 
the  acts  of  his  dog  or  because  the  animal  strayed  away  from 
the  premises  of  the  owner.  In  fact,  if  the  provisions  of  this  bill 
were  strictly  enforced  it  would  make  the  keeping  of  a  dog  im- 


SESSION  OF  1915  95 

possible  either  by  a  farmer  or  any  one  living  in  the  country  with- 
out constantly  subjecting  such  owner  to  the  fine  or  imprisonment 
provided  for  in  this  act. 

If  it  is  desired  that  this  bill  should  become  a  law  the  penalty 
should  be  made  reasonable. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 
Dated,  July  9,  1915.  Governor. 


To  the  Honorable,  the  Legislature : 

I  return  herewith  bill  No.  542,  A,  without  my  approval.  It 
is  evidently  the  purpose  of  the  bill  to  repeal  an  appropriation  of 
one  hundred  fifty  thousand  dollars  for  a  liberal  arts  building  and 
fifty  thousand  dollars  for  a  shop,  these  appropriations  being  part 
of  an  appropriation  of  six  hundred  forty-five  thousand  dollars 
made  by  the  legislature  of  1913  for  university  buildings. 

The  bill  is  not  in  good  form  because  it  does  not  directly  repeal 
appropriations  that  the  legislature  evidently  now  wishes  to  with- 
hold. It  is  open  to  the  further  objections  that  it  makes  the 
unexpended  balances  which  it  continues  immediately  available, 
which  would  make  it  necessary  to  place  the  entire  amount  in  this 
year's  tax  levy.  Inasmuch  as  two  years  will  be  required  to  com- 
plete the  buildings  provided  for  by  the  appropriations  we  can 
lessen  the  burden  of  the  taxpayer  by  dividing  the  appropriations 
into  two  parts.  President  Van  Hise  of  the  university  suggests 
that  the  appropriation  be  made  payable  as  follows : 

For  1915-16 $126,900 

For   1916-17 225,000 

The  above  amounts  to  be  used  in  the  construction  of  the  follow- 
ing buildings,  the  different  items  and  the  payment  of  same  to  be 
arranged  as  follows : 

1915-16         1916-17 

For  Soils  building— Agriculture  Dept $  28,000       $  28,000 

For  Boilers 5,000  5,000 

For  Physics  building 80,000         110,000 

For  base  of  Lincoln  statue 8,900 

For  equipment  for  buildings 82,000 

For  bath  house  for  girls y. . . .        5,000 


$126,900       $225,000 


96  MESSAGES  TO  THE  LEGISLATURE 

I  recommend  that  a  new  bill  be  prepared  for  your  considera- 
tion, appropriating  the  above  amounts  and  repealing  all  unused 
appropriation  for  buildings  provided  for  in  section  1722-53,  acts 
of  the  legislature  of  1913.  The  management  of  the  university 
does  not  now  demand  the  immediate  construction  of  the  liberal 
arts  building  and  the  shop  building  provided  for  in  that  act. 

Eespectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 
Dated,  June  20,  1915. 


To  the  Honorable,  the  Legislature : 

I  return  herewith  bill  Xo.  460,  A,  without  my  approval. 

The  bill  is  an  amendment  to  section  25-11  of  the  statutes,  for- 
bidding the  sale  of  intoxicating  liquors  on  election  days.  Under 
the  provisions  of  this  amendment  saloons  may  be  opened  after 
the  closing  of  the  polls,  and  intoxicating  liquors  sold  on  any 
primary  election  day,  the  day  of  annual  town  meetings,  spring 
elections,  or  the  biennial  fall  election. 

The  law  which  forbids  the  sale  of  liquor  on  election  days  has 
been  on  our  statute  books  fifty-six  years.  I  know  of  no  former 
effort,  to  amend  it  and  I  believe  it  to  be  the  will  of  the  people 
of  Wisconsin  that  it  be  continued  without  change. 

Respectfully  submitted, 

EMAXUEL  L.  PHILIPP, 

Governor. 
Dated  at  Madison,  Wisconsin,  July  20,  1935. 


To  the  Honorable,  the  Senate: 

Pursuant  to  the  statute  governing,  I  hereby  nominate  and,  by 
and  with  the  advice  and  consent  of  the  senate,  appoint : 

James  Nevin  of  Madison,  Wisconsin,  to  be  a  member  of  the 
State  Conservation  Commission  of  Wisconsin,  for  the  term  end- 
ing on  the  first  Monday  of  February,  1921. 

Eespectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 
Dated,  July  23,  1915. 


SESSION  OF  1915  97 

To  the  Honorable,  the  Senate: 

Pursuant  to  the  statute  governing,  I  hereby  nominate  and,  by 
and  with  the  advice  and  consent  of  the  senate,  appoint: 

W.  E.  Barber  of  La  Crosse,  Wisconsin,  to  be  a  member  of  the 
State  Conservation  Commission  of  Wisconsin,  for  the  term  end- 
ing on  the  first  Monday  of  February,  1919. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 
Dated,  July  23,  1915.  Governor. 


To  the  Honorable,  the  Senate : 

Pursuant  to  the  statute  governing,  I  hereby  nominate  and,  by 
and  with  the  advice  and  consent  of  the  senate,  appoint: 

Frank  B.  Moody  of  Ithaca,  Xew  York,  to  be  a  member  of  the 
State  Conservation  Commission  of  Wisconsin,  for  the  term  end- 
ing on  the  first  Monday  of  February,  1917. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 
Dated,  July  23,  1915.  Governor. 


To  the  Honorable,  the  Senate: 

Pursuant  to  the  statute  governing,  I  hereby  nominate  and,  by 
and  with  the  advice  and  consent  of  the  senate,  appoint: 

George  B.  Harris  of  Waukesha,  Wisconsin,  to  be  a  member  of 
the  State  Board  of  Control  of  Wisconsin,  for  the  term  ending 
April  1st,  1920. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 
Dated,  July  23,  1915.  Governor. 


To  the  Honorable,  the  Senate : 

Pursuant  to  the  statute  governing,  I  hereby  nominate  and,  by 
and  with  the  advice  and  consent  of  the  senate,  appoint: 

Christian  P.  Xorgord  of  Madison,  Wisconsin,  to  be  commis- 
sioner of  agriculture  for  the  term  ending  on  the  first  Monday 
in  February,  1919. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 
Dated,  July  28,  1915. 


98  MESSAGES  TO  THE  LEGISLATURE 

To  the  Honorable,  the  Assembly : 

I  herewith  return  without  my  approval  Bill  Xo.  207,  A.,  entitled 
"An  Act  to  create  section  824m  of  the  statutes,  relating  to  docks 
and  harbors  in  towns." 

The  bill  confers  upon  town  boards  situate  upon  any  navigable 
waterways  within  or  bordering  on  this  state  all  the  powers  and  duties 
now  conferred  and  imposed  upon  dock  and  harbor  boards  of  cities 
and  villages — which  powers  among  others  include  the  right  to 
acquire  lands  by  condemnation  for,  and  to  construct  docks,  piers, 
slips,  wharves,  basins,  warehouses,  a  belt  railway  and  all  other 
necessary  structures  to  handle  all  manner  of  water  craft  for  freight 
and  passengers  and  for  free  interchange  of  traffice  between  the 
waterway  and  railways;  to  have  charge  and  control  of  all  such 
property  and  of  the  harbor,  regulate  tolls,  exercise  authority  over 
all  water  front  highways,  employ  such  officers,  agents  and  em- 
ployes as  may  be  necessary  and  fix  their  compensation. 

The  present  law  gives  the  cities  and  villages  the  right  to  issue 
bonds  against  the  improvements  and  payable  from  its  revenues. 

I  doubt  verj-  much  the  constitutionality  of  the  present  law,  but 
this  bill  goes  still  farther  and  provides  in  section  2  that  for  the 
purpose  of  raising  funds  to  pay  for  these  improvements  the  chair- 
man of  the  Harbor  Board  and  the  Town  Board  "Shall  have  author- 
ity and  power  to  levy  taaces  and,  under  the  name  and  seal  of  such 
town  to  issue  and  dispose  of  bonds,"  to  the  extent  of  the  total 
amount  of  indebtedness  incurred.  Thereby  charging  directly  upon 
the  town  the  liability  for  all  such  indebtedness. 

This  law  is  wrong  in  principle.  It  grants  to  such  board  too  great 
a  power  to  incur  municipal  indebtedness  without  proper  restric- 
tions by  authorizing  and  empowering  such  chairman  and  town 
board  the  right  to  levy  taxes.  It  likewise  is  contrary  to  at  least  two 
provisions  of  our  State  Constitution. 

For  these  reasons  I  return  this  bill  without  my  approval. 
Respectfully  submitted, 

"  EMANUEL  L.  PHILIPP, 

Governor. 

Dated  at  Madison,  Wisconsin, 

July  30,  A.  D.  1915. 


To  the  Honorable,  the  Senate: 

I  herewith  return  without  my  approval  bill  Xo.  609,  S.,  entitled 
"An  Act  to  create  section  4549m  of  the  statutes,  to  prohibit  the  ap- 


SESSION  OP  1915  99 

pointment  or  employment  of  relatives  in  the  state  service  by  officials 
or  employes  of  the  state  except  when  duly  certified  by  the  civil  serv- 
ice commission,  and  providing  a  penalty." 

The  purpose  of  this  bill  insofar  as  it  seeks  to  prevent 
nepotism  is  meritorious,  but  it  goes  too  far.  It  not  only  prohibits 
the  employment  of  relatives  by  blood  or  marriage  without  first 
being  placed  on  the  eligible  list  under  the  rules  of  the  civil  service — 
in  the  future, — but  in  express  terms  prohibits,  under  penalty  of  a 
heavy  fine,  the  continuance  in  office  of  those  employes  who  may 
now  be  and  are  under  contract  with  the  state  for  service. 

This  is  not  only  unfair  to  those  who  are  now  employed  and  who 
occupy  a  relationship  stated  in  the  bill,  but  attempts  to  invalidate 
existing  contracts  of  employment  or  service :  is  retroactive,  and  ex- 
tends the  civil  service  law  far  beyond  what  was  contemplated 
by  the  original  enactment.  The  legislature  never  intended  to  in- 
clude certain  confidential  and  responsible  positions,  but  this  bill 
recognizes  no  exemptions.  It  is  unreasonable. 

For  these  reasons  I  return  the  bill  without  my  approval. 
Eespectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Dated  at  Madison,  Wisconsin,  Governor. 

July  30,  A.  D.  1915. 


To  the  Honorable,  the  Senate : 

I  herewith  return  without  my  approval  bill  No.  644,  S. 

I  have  no  objection  to  the  contents  or  purpose  of  the  bill,  but  its 
enactment  into  law  becomes  unnecessary  for  the  reason  that  bill  No. 
791,  A.,  which  I  have  signed,  covers  everything  set  forth  in  this  bill 
and  grants  all  the  privileges  herein  desired.  To  place  this  on  the 
statutes  would  be  a  duplication  and  surplusage. 

For  this  reason  I  return  it  without  my  approval. 
Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Dated,  August  6,  1915.  Governor. 


To  the  Honorable,  the  Senate : 

Pursuant  to  the  statute  governing,  I  hereby  nominate,  and,  by 
and  with  the  advice  and  consent  of  the  senate,  appoint: 

Frank  Johnson  of  Darien,  Wisconsin,  to  be  a  member  of  the 
State  Fair  Advisory  Board  of  the  Department  of  Agriculture,  for 
the  term  ending  on  the  first  Monday  in  February,  1918. 


100  MESSAGES  TO  THE  LEGISLATURE 

C.  W.  Harvey  of  Beaver  Dam,  Wisconsin,  to  be  a  member  of  the 
State  Fair  Advisory  Board  of  the  Department  of  Agriculture,  for 
the  term  ending  on  the  first  Monday  in  February,  1917. 

G.  N".  Mihills  of  Fond  du  Lac,  Wisconsin,  to  be  a  member  of  the 
State  Fair  Advisory  Board  of  the  Department  of  Agriculture,, for 
the  term  ending  on  the  first  Monday  in  February,  1917. 

B.  F.  Wilson  of  Wausau,  Wisconsin,  to  be  a  member  of  the  State 
Fair  Advisory  Board  of  the  Department  of  Agriculture,  for  the  term 
ending  on  the  first  Monday  in  February,  1918. 

L.  I.  Roe  of  Stanley,  Wisconsin,  to  be  a  member  of  the  State  Fair 
Advisory  Board  of  the  Department  of  Agriculture,  for  the  term 
ending  on  the  first  Monday  in  February,  1918. 

Robert  McDowell  of  Oconto,  Wisconsin,  to  be  a  member  of  the 
State  Fair  Advisory  Board  of  the  Department  of  Agriculture,  for 
the  term  ending  on  the  first  Monday  in  February,  1918. 

Edward  J.  Roethe  of  Fennimore,  Wisconsin,  to  be  a  member  of 
the  State  Fair  Advisory  Board  of  the  Department  of  Agriculture, 
for  the  term  ending  on  the  first  Monday  of  February,  1919. 

William  X.  Rowe  of  Sarona,  Wisconsin,  to  be  a  member  of  the 
State  Fair  Advisory  Board  of  the  Department  of  Agriculture,  for 
the  term  ending  on  the  first  Monday  of  February,  1919. 

Thomas  Saxe  of  Milwaukee,  Wisconsin,  to  be  a.  member  of  the 
State  Fair  Advisory  Board  of  the  Department  of  Agriculture,  for 
the  term  ending  on  the  first  Monday  of  February,  1919. 

R.  J.  White  of  Milwaukee,  Wisconsin,  to  be  a  member  of  the 
State  Fair  Advisory  Board  of  the  Department  of  Agriculture,  for 
the  term  ending  on  the  first  Monday  of  February,  1919. 
Respectfully  submitted, 

EMANTJEL  L.  PHILIPP, 

Dated,  August  11,  1915.  Governor. 


To  the  Honorable,  the  Senate : 

Pursuant  to  the  statute  governing,  I  hereby  nominate  and,  by 
and  with  the  advice  and  consent  of  the  senate,  appoint : 

George  P.  Hambrecht  of  Grand  Rapids,  Wisconsin,  to  be  a 
member  of  the  Industrial  Commission  of  Wisconsin,  for  the  term 
ending  June  30,  1921. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 
Dated,  August  12,  1915. 


SESSION  OF  1915  101 

To  the  Honorable,  the  Senate : 

Pursuant  to  the  statute  governing,  I  hereby  nominate  and,  by 
and  with  the  advice  and  consent  of  the  senate,  appoint : 

B.  N.  Moran  of  Rhinelander,  Wisconsin,  to  be  State  Supervisor 
of  Inspectors  of  Illuminating  Oils,  for  the  term  ending  on  April 
1st,  1917. 

Kespectfully  submitted, 

EMANUEL  L.  PHILIPP, 
Dated,  August  12,  1915.  Governor. 


To  the  Honorable,  the  Senate : 

Pursuant  to  the  statute  governing,  I  hereby  nominate  and,  by 
and  with  the  advice  and  consent  of  the  senate,  appoint : 

John  M.  Whitehead  of  Janesville,  Wisconsin,  to  be  a  member  of 
the  State  Board  of  Public  Affairs  for  the  term  ending  August 
1st,  1916. 

George  B.  Hudnall  of  Superior,  Wisconsin,  to  be  a  member  of  the 
State  Board  of  Public  Affairs  for  the  term  ending  August  1st, 
1916. 

W.  H.  Hatton  of  New  London,  Wisconsin,  to  be  a  member  of  the 
State  Board  of  Public  Affairs  for  the  term  ending  August  1st, 
1916. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Dated,  August  12,  1915.  Governor. 


To  the  Honorable,  the  Senate : 

Pursuant  to  the  statute  governing,  I  hereby  nominate  and,  by 
and  with  the  advice  and  consent  of  the  senate,  appoint : 

H.  L.  Griswold  of  West  Salem,  Wisconsin,  to  be  .a  member  of  the 
State  Fair  Advisory  Board  of  the  Department  of  Agriculture,  for 
the  term  ending  the  first  Monday  in  February,  1917. 
Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 
Dated,  August  12,  1915.  Governor. 


To  the  Honorable,  the  Assembly : 

I  return  herewith  bill  No.  292,  A.,  without  my  approval. 

The  bill  provides  for  the  printing  and  distribution  of  forty-five 
thousand  copies  of  the  "Wisconsin  Blue  Book"  biennially.  The 
Blue  Book  which  is  being  distributed  at  this  time  is  costing  the 


102  MESSAGES  TO  THE  LEGISLATURE 

state  sixty  cents  per  copy.  The  number  authorized  for  distribution 
by  this  bill,  if  the  same  can  be  obtained  at  the  same  cost  that  the 
state  is  now  paying  for  the  books  that  are  being  distributed  this 
year,  will  be  twenty-seven  thousand  dollars. 

The  bill  provides  for  a  liberal  distribution  to  all  schools  and 
public  institutions,  which  I  believe  to  be  proper.  It  provides  fur- 
ther that  each  member  of  the  legislature  shall  be  given  two  hundred 
and  fifty  copies.  Inasmuch  as  a  liberal  distribution  is  provided  by 
law  to  be  made  by  the  state  it  does  not  seem  necessary  that  each 
member  of  the  legislature  be  given  such  a  large  number.  In  fact, 
I  am  certain  that  it  will  be  difficult  fo»  the  members  to  distribute  so 
many.  Illinois  distributes  thirty  thousand  copies;  Michigan  thirty- 
two  thousand  copies;  Minnesota  twenty  thousand  copies;  Iowa  not 
to  exceed  nineteen  thousand  copies. 

I  recommend  that  the  allowance  to  each  member  of  the  legis- 
lature be  reduced  to  one  hundred.  In  doing  this  we  can  save  the 
state  about  twelve  thousand  dollars.  It  is  my  judgment  that 
twenty-five  thousand  copies  is  a  liberal  distribution  of  this  book 
and  that  we  can  make  this  saving  without  a  loss  or  inconvenience 
to  any  one. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 

Dated,  August  12,  1915. 


To  the  Honorable,  the  Senate : 

Pursuant  to  the  statute  governing,  I  hereby  nominate  and,  by 
and  with  the  advice  and  consent  of  the  senate,  appoint : 

Lewis  G.  Kellogg  of  Eipon,  Wisconsin,  to  be  a  member  of  the 
State  Civil  Service  Commission,  for  the  term  ending  June  21st, 
1921. 

Respectfully  submitted, 

"  EMANUEL  L.  PHILIPP, 

Governor. 
Dated,  August  13,  1915. 


To  the  Honorable,  the  Legislature : 

There  is  a  bill  pending  in  the  senate  which  authorizes  the  gov- 
ernor, secretary  of  state  and  the  state  treasurer  to  advance  a  suf- 
ficient sum  of  money  to  any  department  or  institution  of  the 
state  to  meet  an  emergency  or  temporary  deficit  upon  the  proper 


SESSION  OF  1915  103 

showing  that  the  funds  asked  for  are  actually  required  and  that  the 
department  or  institution  has  not  sufficient  funds  to  meet  such 
emergency. 

I  requested  that  this  bill  be  introduced  and  now  urge  upon  you 
that  the  same  be  passed  before  the  adjournment  of  the  legislature. 
It  is  being  represented  that  this  bill  is  being  urged  by  this  ad- 
ministration because  of  the  fact  that  too  large  reductions  have  been 
made  in  the  appropriations  to  the  various  departments  and  institu- 
tions. Such  statements  are  pure  fabrications  for  political  purposes, 
answer  here  because  the  reason  for  such  provision  is  so  plain  that 
we  may  dismiss  such  criticism  as  inspired  by  politics. 

In  government  as  in  private  business  emergencies  arise  that  no 
one  can  foresee,  and  that  require  prompt  action  upon  the  part  of 
the  state.  I  call  attention  to  our  recent  experience  with  the  hoof 
and  mouth  disease  among  cattle.  It  required  a  large  sum  of 
money  to  establish  a  successful  quarantine.  If  the  state  had  not 
been  successful  in  confining  the  disease  within  the  certain  limit 
in  which  it  existed,  the  cost  of  fighting  it  might  have  been  a  much 
larger  sum.  The  agricultural  bureau  has  no  appropriation  for  this 
purpose  and  would  be  without  funds  to  combat  the  disease  if  it 
should  re-occur. 

The  state  is  responsible  for  the  obligation  incurred  in  conducting 
a  state  fair.  At  the  beginning  of  my  administration  I  found  un- 
paid bills  growing  out  of  the  state  fair,  amounting  to  $31,000. 
These  unpaid  bills  were  of  long  standing  and  were  due  to  small 
shop-keepers  and  dealers  for  hay,  straw,  oats  and  other  materials, 
and  should  have  been  paid  promptly.  The  financial  results  of  a 
state  fair,  at  best,  are  dependent  upon  the  weather,  therefore  no  one 
can  assure  financial  success.  The  great  state  of  Wisconsin,  with 
millions  in  its  treasury,  should  be  in  a  position  to  pay  its  legitimate 
debts,  at  least,  as  promptly  as  the  business  man  is  expected  to  pay 
his,  and  should  not  take  advantage  of  its  creditors  by  postponing 
payment  for  an  indefinite  period  simply  because  this  state 
cannot  be  sued  as  any  other  creditor  would  be  under  similar 
circumstances. 

I  call  attention  to  another  illustration.  The  state  prison  at 
Waupun  was  unable  to  pay  its  employes  for  nearly  three  months 
because  its  appropriation  for  that  purpose  had  been  exhausted. 
The  board  of  control  had  sufficient  money,  but  not  enough  had  been 
appropriated  for  this  particular  purpose  of  paying  salaries  in  that 
institution,  hence  the  shortage  in  this  department  and  employes 


104  MESSAGES  TO  THE  LEGISLATURE 

had  to  wait  three  months  for  their  pay,  a  thing  which  would  not 
occur  in  any  well  regulated  business. 

The  management  of  the  University  insists  that  the  reductions 
made  in  the  operating  expense  of  upwards  of  $150,000  per  year  is 
too  much,  and  that  the  amount  available  might  not  be  large  enough 
to  carry  on  its  instructional  work  as  completely  as  is  desired.  The 
reductions  made  in  that  appropriation  were  very  carefully  con- 
sidered and  I  feel  confident  that  with  co-operation  of  the  University 
management  the  cut  will  cause  the  institution  no  inconvenience. 
The  amount  in  question,  as  compared  with  the  entire  appropriation 
for  the  University  is  small,  and  if  experience  will  prove  that  the 
reduction  which  has  been  made  leaves  a  sum  that  is  not  sufficient, 
then  the  required  amount  should  be  available,  and  it  would  seem 
that  it  should  be  perfectly  safe  to  make  this  provision  because 
the  additional  sum  demanded  would  be  scrutinized  first  by  the 
board  of  regents,  second  by  the  state  board  of  education,  and  finally 
by  the  governor,  secretary  of  state  and  state  treasurer,  and  it  would 
seem  that  any  expenditure  of  public  money  that  requires  the  ap- 
proval of  so  many  people  is  perfectly  safe  and  that  no  waste  could 
possibly  occur. 

No  one  can  estimate  the  needs  of  a  large  institution  down  to  the 
last  dollar,  and  yet  it  would  be  inadvisable  to  make  the  appropria- 
tions for  each  one  of  them  sufficiently  large  to  "play  safe"  because 
that  would  encourage  extravagance;  and  inasmuch  as  unusual 
emergencies  are  not  likely  to  happen  in  all  institutions,  one  fund  to 
be  applied  in  any  direction  that  may  be  necessary,  is  sufficient. 

The  arrangement  suggested  is  correct  in  principle  and  I  trust 
will  have  the  support  of  the  legislature.  The  misstatements  made 
regarding  it  are  pure  fabrications  for  political  purposes  and  will  in 
the  end  be  a  small  deposit  in  any  political  bank;  and  I  trust  will 
have  no  influence  in  the  legislature. 

As  the  session  is  drawing  to  a  close  I  wish  to  express  my  appre- 
ciation of  the  work  of  the  legislature.  The  session  has  been  long. 
However,  those  who  would  criticise  that  part  should  bear  in  mind 
that  you  have  handled  a  great  many  important  subjects  which  re- 
quired deliberation  and  consumed  time.  You  would  have  profited 
financially  had  you  given  these  subjects  less  consideration.  You 
are,  therefore,  to  be  praised  for  your  willingness  to  prolong  the 
session  in  order  to  enact  wiser  laws  and  thereby  render  the  public 
a  better  service.  The  additional  cost  to  the  state  because  of  the 
fact  that  the  session  was  prolonged  has  been  repaid  many  times; 


SESSION  OF  1915  105 

in  fact,  I  am  convinced  that  this  session  has  been  very  profitable 
to  the  people  of  the  state,  and  you  deserve  the  gratitude  of  the  state 
for  your  patience  and  for  the  personal  sacrifices  which  you  have 
made  during  the  time  that  you  have  been  here. 
Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor, 
Dated,  August  14,  1915. 


To  the  Honorable,  the  Assembly : 

I  return  herewith  bill  No.  400,  A.,  without  my  approval. 

This  bill  seeks  to  amend  the  Corrupt  Practices  Act  by  broaden- 
ing its  scope  and  bringing  under  its  provisions  every  person  or  the 
directing  secretary  or  directing  officer  or  representative,  if  there  be 
no  secretary,  of  any  committee  or  organization,  however  organized, 
engaged  in  any  political  activity,  for  or  against  any  candidate  for 
office  or  for  or  against  any  measure  to  be  voted  on  at  any  election 
or  advocated  in  any  party  platform. 

The  provisions  of  this  bill,  if  enacted  into  law,  would  compel 
any  person  or  organization  coming  within  the  above  description  to 
report  any  expenditure  of  money  in  a  like  manner  as  the  law  now 
compels  to  be  reported  by  any  candidate  or  political  committee. 

The  spirit  and  purpose  of  the  so-called  Corrupt  Practice  Act  is 
to  secure  honest  elections,  prevent  bribery,  coercion,  or  any  of  those 
things  which  may  be  accomplished  by  a  corrupt  use  of  money,  and 
to  prevent  candidates  of  large  means  from  obtaining  advantages 
over  candidates  of  less  means.  The  reports  required  from  candi- 
dates and  their  committees  must  show  (1)  where  the  money  is 
derived  from  and  (2)  what  it  is  expended  for — these  reports  being 
public  records  in  order  that  the  proper  officers  of  the  state  and  the 
general  public  may  know  whether  or  not  the  candidate  and  his 
committees,  whether  party  or  personal,  have  complied  with  the 
law.  Any  further  restriction  that  may  be  placed  around  the 
privilege  of  advocating  political  principles  are  in  my  judgment 
an  offensive  interference  with  the  exercise  of  the  people's  rights 
as  guaranteed  by  the  constitution. 

If  this  bill  were  enacted  into  law  every  person  or  organization  of 
any  kind  or  nature,  which  would  include  labor  unions,  church 
societies,  civic  societies  and  women's  clubs,  that  may  be  interested 
in  some  public  question,  and  hire  a  hall  for  the  purpose  of  holding 
a  meeting  or  employing  a  speaker  or  which  may  employ  a  secretary 


106  MESSAGES  TO  THE  LEGISLATURE 

for  the  purpose  of  carrying  on  correspondence  or  cause  a  circular  to 
be  printed  and  circulated  or  do  anything  that  calls  for  an  expendi- 
ture of  money,  must  report  all  expenditures  in  accordance  with 
the  provisions  of  the  Corrupt  Practice  Act  and  any  failure  on  their 
part  to  do  so  would  subject  them  to  a  fine  or  imprisonment. 

I  believe  that  the  free  discussion  of  public  questions  by  the  people 
is  not  only  a  constitutional  right  that  should  not  be  abridged  by 
statutes  of  this  kind,  but  it  should  be  the  policy  of  the  state  to  en- 
courage it  in  order  that  the  affairs  of  our  government  be  better 
understood  by  the  people  and  that  the  will  of  the  people  may  have  a 
greater  influence  upon  those  whom  they  have  chosen  to  represent 
them  in  the  government. 

The  restrictions  provided  in  this  bill,  if  enacted  into  law,  would 
have  a  tendency  to  cause  people  to  relax  in  those  public  efforts  that 
are  sometimes  necessanr  to  purify  government.  Xo  propaganda, 
however  high  minded  its  motives  may  be,  can  be  successfully  carried 
on  without  the  use  of  money.  If  every  donor  to  the  cause  of  the 
people  must  go  through  a  form  which  would  imply  that  he  was 
doing  something  corrupt  and  which  might  make  him  the  personal 
subject  of  partisan  attack,  men  will  prefer  to  bear  the  abuses  of 
government  in  silence  rather  than  take  the  public  abuse  for  render- 
ing such  assistance  as  is  necessary  to  correct  the  evils  of  government. 

Section  3  of  article  I  of  our  state  constitution  provides  : 

"Every  person  may  freely  speak,  write  and  publish  his  sentiments 
on  all  subjects,  being  responsible  for  the  abuse  of  that  right,  and 
no  laws  shall  be  passed  to  restrain  or  abridge  the  liberty  of  speech, 
or  of  the  press." 

Section  4  guarantees  to  the  people  "The  right  to  peaceably  as- 
semble, to  consult  for  the  common  good,  and  to  petition  the  govern- 
ment, or  any  department  thereof,  and  this  right  shall  never  be 
abridged." 

It  was  clearly  the  intention  of  the  framers  of  the  constitution 
that  these  rights  should  not  be  circumscribed  by  any  future  legis- 
lative act,  and  I  believe  it  to  be  reasonable  to  assume  that  it  was  not 
the  intention  that  any  necessary  expenditure  growing  out  of  the 
exercise  of  this  right  by  the  people  should  be  subject  to  review  by 
any  officer  of  the  state,  or  that  any  penalty  should  be  enforced 
against  any  person  who  may  fail  or  neglect  to  report  any  such 
'expenditure,  as  this  bill  provides. 

The  bill  raises  the  further  question,  whether  if  enacted  into  law 
it  would  not  be  an  attempted  interference  with  the  freedom  of 


SESSION  OF  1915  107 

the  press.  It  is  difficult  to  understand  just  how  the  press  can 
exercise  any  right  under  the  constitution  that  cannot  be  exercised 
by  an  individual  as  well.  It  is  part  of  the  functions  of  a  news- 
paper or  periodical  to  discuss  public  questions,  to  advocate  certain 
principles  of  government  and  to  promote  the  interest  of  candidates, 
and  so  far  no  legislature  has  sought  to  compel  any  newspaper 
publishers  to  report  the  amount  of  money  expended  by  them  in 
the  advocacy  of  public  questions  or  candidates  for  office.  And  yet 
the  privilege  which  this  bill  attempts  to  circumscribe,  insofar  as 
the  public  is  concerned,  is  precisely  the  same  privilege  that  is  being 
exercised  by  the  press.  I  hold  the  view  that  only  public  good  can 
come  from  a  free  and  unhampered  discussion  of  public  questions. 
I  believe  it  to  be  a  right  that  is  fully  guaranteed  to  the  American 
people  by  our  constitution  and  any  attempted  statutory  inter- 
ference with  constitutional  guarantees  should  be  stoutly  resisted  by 
the  people. 

The  limit  that  has  been  placed  by  law  upon  the  expenditures 
of  candidates  and  political  committees,  organized  for  the  purpose 
of  promoting  their  interests,  is  quite  a  different  matter  because  it 
seeks  to  prevent  the  election  of  public  officers  by  corrupt  means 
and  to  limit  the  use  of  money  in  election. 

I  return  this  bill  to  you  without  my  signature  because  I  believe 
it  to  be  unconstitutional  as  well  as  against  sound  public  policy. 
Eespectfully  submitted, 

"  EMANUEL  L.  PHILIPP, 

Governor. 

Dated,  August  18,  1915. 


To  the  Honorable,  the  Assembly: 

I  return  herewith  Bill  52,  A.,  without  my  approval. 

The  bill  attempts  to  create  a  marketing  department  by  appoint- 
ing the  Dairy  and  Food  Commissioner  and  two  employes  of  his  de- 
partment and  constituting  them  a  commission  to  carry  out  the 
provisions  of  this  bill.  It  directs  that  it  shall  be  the  duty  of  the 
commission  to  co-operate  with  and  advise  consumers  and  producers 
in  devising  an  economical  and  efficient  system  of  marketing  and 
storage,  to  render  efficient  and  sanitary  all  existing  markets 
throughout  the  state;  to  examine  the  market  facilities  of  the  dif- 
ferent cities  and  municipalities  throughout  the  state  upon  applica- 
tion of  twenty-five  business  men  thereof  or  twenty-five  freeholders; 
to  give  counsel  and  advice  to  petitioners  in  establishing  markets 


108  MESSAGES  TO  THE  LEGISLATURE 

in  such  a  way  as  to  render  profitable  relationship  between  the  resi- 
dents of  the  surrounding  country  and  the  residents  of  the  city  to 
the  end  that  the  interests  of  the  consumers  and  purchasers  shall 
be  served;  to  make  and  publish  a  list  of  individuals  who  desire  to 
purchase  farm  products  and  dairy  products  direct  from  farmers ;  to 
standardize  all  products  as  to  quality,  size  of  package  and  quantity ; 
to  obtain  from  labor  unions  in  cities  the  names  of  laborers  who 
are  in  good  standing  in  such  unions  and  whose  financial  standing 
is  good  and  can  be  vouched  for  by  the  officers  of  the  unions;  to 
make  a  statement  of  the  financial  standing  of  proposed  customers 
and  to  furnish  every  applicant  a  printed  list  of  all  prospective 
buyers  of  farm  produce,  together  with  the  financial  standing  of  such 
prospective  buyers  and  many  other  duties. 

For  all  this  there  is  appropriated  in  the  bill  three  thousand  dol- 
lars per  year.  It  requires  no  argument  to  support  the  statement 
that  the  amount  appropriated  is  not  sufficient  to  carry  out  the 
provisions  of  this  bill;  in  fact  I  cannot  convince  myself  that  the 
legislature  seriously  intended  that  this  bill  should  become  a  law. 
If  it  were  seriously  intended  to  create  a  commission  equipped  to 
carry  out  the  provisions  of  the  bill,  an  annual  appropriation  of 
at  least  one  hundred  thousand  dollars  would  be  necessary. 

The  project  of  bringing  the  producer  and  consumer  together, 
of  ascertaining  the  financial  responsibility  of  the  consumer,  and 
the  further  duty  of  standardizing  the  farm  and  dairy  products  of 
the  state  is  a  large  undertaking  and  the  appropriation  which  is 
made  in  this  bill  is  not  sufficient  to  pay  for  the  stationery  and 
printing  that  would  be  required.  I  shall  not  place  this  burden 
upon  the  Dairy  and  Food  Commissioner  without  sufficient  funds 
to  carry  it  out. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 
Dated,  August  20,  1915.  Governor. 


To  the  Honorable,  the  Assembly: 

I  herewith  return  Bill  No.  347,  A.,  without  my  approval. 

My  reason  for  returning  the  bill  is  that  it  would  allow  any 
firm  or  corporation  to  install  plumbing  without  having  a  master 
plumber  in  charge.  This  I  regard  as  a  serious  oversight  and 
one  that  I  cannot  permit  to  pass  out  of  regard  for  public  health 
which  it  is  the  very  object  of  the  plumbing  law  to  protect. 


SESSION  OF  1915  109 

Both  this  bill  and  the  existing  law  recognizes  two  classes  of 
licensed  plumber.  This  bill  distinguishes  between  journeymen 
plumbers  who  pay  an  initial  license  fee  of  two  dollars  and  one 
dollar  per  year  thereafter,  and  master  plumbers  who  pay  an  initial 
license  fee  of  fifty  dollars  and  fifteen  dollars  a  year  thereafter, 
and  provides  for  separate  examination  as  to  qualifications.  A 
journeyman  plumber  has  become  generally  recognized  as  one  who 
has  a  certain  mechanical  skill  in  the  operations  of  the  trade,  where- 
as a  master  plumber  is  one  who  can  plan  and  install  plumbing 
according  to  sanitary  requirements  and  in  accordance  with  the 
laws,  rules  and  regulations  governing  the  same.  The  present  bill, 
after  recognizing  this  distinction,  and  providing  for  such  widely 
different  fees  and  examinations,  provides  that  any  person,  firm  or 
corporation  desiring  to  engage  in  or  work  at  the  business  of  plumb- 
ing "shall  be  required  at  all  times  to  have  a  licensed  plumber  in 
charge."  Now,  inasmuch  as  either  a  journeyman  or  a  master 
plumber  is  licensed,  this  bill  would  allow  an  inferior  workman  who 
may  not  'have  any  knowledge  of  sanitary  requirements  to  be  in  sole 
charge  of  work,  and  the  master  plumber  who  at  present  has  such 
responsibility  is  virtually  legislated  out  of  existence.  I  submit 
that  it  is  inconsistent  to  create  the  distinction  of  master  plumber, 
by  law,  and  arrange  for  a  high  license  fee  and  stricter  examina- 
tion to  the  end  that  he  may  be  supervisor  of  work,  and  then  make 
no  requirement  that  a  master  plumber  shall  be  engaged  in  super- 
vision. Not  only  this,  but  the  present  bill,  if  it  became  a  law, 
would  give  an  opening  for  any  traveling  plumber  who  could  take 
a  journeyman's  examination  and  pay  two  dollars  to  install  plumb- 
ing and  then  pass  on  to  some  other  locality.  This  would  not  only 
be  unfair  to  the  skilled  workmen  of  our  own  state  but  would  be  a 
detriment  to  public  health.  Furthermore,  the  regulations  provided 
in  this  bill  are  in  conflict  with  plumbing  ordinances  in  our  cities 
which  will  cause  confusion. 

For  the  above  reasons  I  return  this  bill  without  my  approval. 

Respectfully  submitted, 
.EMANUEL  L.  PHILIPP, 

Governor. 

Dated  at  Madison,  Wisconsin, 
August  24,  A.  D.  1915. 


110  MESSAGES  TO  THE  LEGISLATURE 

EXECUTIVE  DEPARTMENT, 

State  of  Wisconsin. 
To  the  Honorable,  the  Assembly: 

I  return  herewith  without  my  approval  bill  No.  811,  A. 

It  repeals  subsections  2,  3  and  4  of  section  1042J  of  the  statutes 
and  amends  subsection  1,  relating  to  the  taxation  of  mineral  rights. 

This  bill  was  passed,  apparently,  for  the  purpose  of  overcoming 
the  objections  raised  b}>  the  supreme  court  in  a  recent  case,  in 
which  this  whole  mineral  taxation  law  was  declared  to  be  uncon- 
stitutional. It  is  an  attempt  on  the  part  of  certain  interested  per- 
sons or  organizations  to  escape,  for  the  time  being — until  again 
tested  by  the  court — the  effect  of  the  decision  referred  to,  in  the 
hope  that  it  may  become  a  law  with  the  chance  that  no  one  will 
see  fit  to  contest  it. 

While  the  bill  itself  excludes  much  of  the  objectionable  matter 
in  the  old  statute  yet  it  does  not  overcome  the  objections  to  the  law 
itself,  as  pointed  out  in  the  opinion  of  the  court.  How  can  an 
unknown  value  be  assessed  when  there  is  nothing  tangible  by  which 
such  value  can  be  determined?  As  stated  by  the  court:  "The 
existence  or  value  of  ores  or  minerals  beneath  the  surface,  un- 
disclosed, can  only  be  ascertained  by  drilling  and  testing  the  land." 
The  proposed  act  makes  no  such  exception  or  provision  as  a  rule 
for  assessment.  It  must,  therefore,  be  fixed  by  a  mere  conjecture 
or  opinion  of  the  assessing  officer  unguided  by  any  fact  which 
can  be  known  to  him  or  any  other  person. 

With  so  recent  a  declaration  of  our  highest  court,  with  whom 
rests  the  exclusive  function  of  the  interpretation  of  our  laws  I 
do  not  deem  it  wise  or  advisable  to  sanction,  by  approval  of  this 
bill,  an  act  designed  to  circumvent  this  decision  and  thus  lessen 
the  dignity  and  respect  which  all  should  accord  this  judicial 
tribunal. 

Furthermore,  this  bill  is  in  direct  conflict  with  a  law  passed 
by  the  legislature  and  known  as  chapter  388,  which  makes  pro- 
vision for  an  added  valuation  to  lands  containing  zinc  and  lead 
ore  to  the  extent  of  a  percentage  of  the  value  of  such  ores  re- 
moved from  the  mine  and  sold  for  commercial  purposes. 

I  therefore  return  the  bill  without  my  approval. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 
Dated,  August  20,  1915.  Governor. 


SESSION  OF  1915  111 

To  the  Honorable,  the  Senate: 

I  return  herewith  bill  No.  584,  S.  without  my  approval. 

Under  the  provisions  of  this  bill,  the  Wisconsin  Industrial 
School  for  Girls,  located  at  Milwaukee,  would  be  placed  under  the 
jurisdiction  of  the  state  board  of  control.  This  institution  has 
been  under  the  control  of  a  voluntary  board  of  lady  managers  since 
its  beginning.  It  was  started  forty  years  ago  as  a  home  for  de- 
pendent children  and  was  later  converted  to  its  present  use.  The 
management  has  been  economical  and  efficient  and  I  am  of  the 
opinion  that  the  board  of  control  would  not  be  able  to  duplicate 
the  service  that  these  ladies  are  now  unselfishly  giving  to  this 
institution. 

The  appropriation  made  for  the  operation  of  this  institution 
for  this  biennium  does  not  make  any  money  available  for  the  pay- 
ment of  the  management  that  this  bill  provides.  If  it  is  to  be 
the  future  policy  of  the  state  to  give  to  the  management  of  this 
institution  to  the  board  of  control,  then  a  sufficient  appropriation 
must  be  made  for  that  purpose.  If  it  were  attempted  now  the 
additional  cost  must  be  taken  from  the  moneys  set  aside  for  oper- 
ation which  would  mean  so  much  less  money  to  be  used  for  the 
benefit  of  the  inmates.  If  the  legislature  intended  to  make  the 
change  that  this  bill  provides,  it  should  have  provided  the  necessary 
funds  to  put  the  provisions  of  this  bill  into  effect.  I  veto  this 
bill  for  the  reasons  that  I  have  above  stated. 

Respectfully  submitted, 

EMAXUEL  L.  PHILIPP, 

Governor. 

Dated,  Madison,  Wisconsin, 
August  24,  A.  D.  1915. 


MESSAGES  TO  THE  LEGISLATURE 

Extraordinary  Session  Began  October  10,  1916; 
Ended  October  11,  1916. 

CALL  FOE  SPECIAL  SESSION  OCTOBER  10,  1916. 

In  the  month  of  June  the  President  of  the  United  States  called 
for  troops  to  restore  order  in  Mexico  and  protect  the  Americans 
living  on  that  frontier.  In  response  to  that  call,  four  thousand 
Wisconsin  guardsmen  enlisted  in  the  federal  service  and  nearly  all 
of  them  are  now  in  the  United  States  Army,  stationed  in  or  near 
San  Antonio,  Texas.  No  definite  information  is  obtainable  as  to 
the  length  of  time  their  services  will  be  required.  As  far  as 
present  indications  may  mean  anything,  it  seems  certain  that  they 
will  not  be  mustered  out  for  several  months. 

The  men  of  our  guard  who  responded  to  the  call  of  the  President 
are  citizens  of  our  state  and  nearly  all  voters.  I  am  informed  by 
their  commanding  officers  that  they  ask  for  the  privilege  of  cast- 
ing their  ballot- at  the  general  election  in  November.  Every  patri- 
otic citizen  desires  to  exercise  that  right  on  election  day  and  it  is 
a  privilege  that  should  be  accorded  to  all  qualified  citizens,  and 
especially  to  those  patriotic  men  who  responded  to  the  call  of  the 
President  for  defenders  of  our  country  at  a  time  when  there  was 
reason  to  believe  that  the  situation  in  Mexico  was  serious  and  that 
the  protection  of  American  lives,  as  well  as  the  dictates  of  humanity, 
required  the  presence  of  the  American  soldier  in  that  territory. 

The  right  of  giving  the  soldier  the  privilege  to  cast  his  ballot  on 
the  field,  while  in  the  service  of  the  United  States  Army,  is  not 
a  new  one.  It  was  given  the  soldier  who  served  in  the  Union 
Army  during  the  Civil  War.  The  statute  under  which  this  right 
was  exercised  was,  however,  repealed  by  a  subsequent  legislature. 

I  believe  the  rights  of  our  soldiers  should  at  all  times  be  re- 
spected and  that  the  matter  above  referred  to  is  of  sufficient 
importance  to  justify  a  special  session  of  the  legislature. 

Therefore,  by  virtue  of  the  authority  vested  in  me  by  the  Consti- 
tution, I,  Emanuel  L.  Philipp,  Governor  of  Wisconsin,  do  hereby 
convene  the  legislature  of  this  state  in  special  session  at  the 
capitol,  in  the  city  of  Madison,  on  Tuesday,  October  10,  1916,  at 
two  o'clock  in  the  afternoon,  for  the  purpose  of  enacting  such  legis- 
lation as  will  permit  citizens  of  the  state  of  Wisconsin  who  are  in 
the  service  of  the  United  States  Army,  as  well  as  others  who  are 
unable  to  cast  their  ballot  because  of  absence  from  home,  the  right 


SESSION  OF  1916  113 

of  their  elective  franchise.  And  the  votes  thus  cast  shall  be  counted 
as  if  the  same  had  been  cast  in  the  election  districts  in  which 
they  reside. 

IN  TESTIMONY  WHEEEOF  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wisconsin 
(Seal)       to  be  affixed.     Done  at  the  Capitol  in  the  city  of 
Madison  this  third  day  of  October,  A.  D.  1916. 
EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor: 
JOHN  S.  DONALD, 
Secretary  of  State. 


Gentlemen  of  Senate  and  Assembly: 

I  have  called  you  to  meet  in  special  session  to  enact  such  legis- 
lation as  may  be  found  necessary  to  enable  Wisconsin  soldiers, 
who  are  serving  in  the  United  States  Army  on  the  Mexican  fron- 
tier, to  cast  their  ballot  on  election  day. 

The  right  to  exercise  the  elective  franchise  is  guaranteed  to  every 
qualified  citizen,  and  no  one,  therefore,  should  be  denied  this  right 
because  of  the  lack  of  the  necessary  machinery  of  the  law  to  make 
it  possible  to  exercise  it.  Our  soldier  boys  who  are  serving  our 
country  on  the  Mexican  frontier  are  entitled  to  our  special  con- 
sideration. In  responding  to  the  call  of  the  President,  and  by 
their  faithful  service  in  the  field  they  have  proven  themselves  to 
be  patriotic  men  who  are  entitled  to  every  right  of  a  citizen. 

I,  therefore,  urge  you  to  promptly  enact  such  legislation  as  will 
enable  them  to  cast  their  ballot  wherever  they  may  be  located 
on  election  day  and  have  the  same  counted  in  the  respective  elec- 
tion districts  where  they  reside. 

I  desire  to  call  your  further  attention  to  the  law  passed  during 
the  session  of  1915,  giving  to  citizens  who  are  absent  from  their 
homes  the  right  to  cast  their  ballot  by  mail.  Under  the  pro- 
visions of  that  statute  it  is  necessary  for  the  prospective  voter 
to  make  personal  application  to  the  county,  city,  village  or  town 
clerk,  as  the  case  may  be,  for  the  ballot.  It  has  been  found  that 
this  provision  makes  the  law  inoperative  in  many  cases,  and  there- 
fore of  little  value.  In  order  to  extend  the  privilege  of  voting  to 
a  greater  number  of  citizens,  especially  students  and  travelers,  I 
recommend  that  the  law  be  amended  so,  that  personal  application 


114  MESSAGES  TO  THE  LEGISLATURE 

will  not  be  necessary  and  that  application  by  mail  will  be  sufficient. 
This  can  be  done  without  in  any  measure,  interfering  with  the 
safety  of  the  ballot  and  will  be  a  favor  to  many  voters  who  find  it 
impossible  to  go  to  a  county  seat  or  to  their  place  of  residence  to 
make  the  application  that  the  law  now  requires. 

EMANUEL  L.  PHILIPP. 
October  10,  1916.  Governor. 


EXECUTIVE  COMMUNICATIONS. 

To  the  Honorable,  the  Assembly: 

The  following  bills,  originating  in  the  assembly,  have  been  ap- 
proved, signed  and  deposited  in  the  office  of  the  Secretary  of  State : 

No.  2, 

An  Act  to  create  sections  11.69  to  11.82,  inclusive,  of  the  statutes, 
to  permit  electors  absent  on  account  of  military  service,  to  vote 
at  general  and  certain  special  elections. 

Approved,  October  11. 

No.  1, 

An  Act  to  amend  subsection  (5)  of  section  5.11,  relating  to  the 
time  for  printing  the  September  primary  ballot;  subsections  (1), 
(3),  and  (4)  of  section  5.25,  relating  to  the  time  for  holding 
primaries  for  special  elections,  the  time  for  filing  nomination  pa- 
pers therefor,  and  to  the  time  within  which  the  secretary  of  state 
shall  certify  names  to  county  clerks  therefor;  subsection  (6)  of 
section  5.26,  relating  to  the  time  for  filing  independent  nomination 
papers;  section  5.27,  relating  to  the  time  for  holding  town  and 
village  caucuses  and  for  filing  nomination  papers  in  towns  and 
villages;  subsections  (1)  and  (6)  of  section  6.19,  relating  to  the 
time  within  which  the  secretary  of  state  shall  certify  to  county 
clerks  names  of  nominees  for  November  elections  and  transmit 
copies  of  proposed  constitutional  amendments;  subsection  (2)  of 
section  7.04,  relating  to  the  time  for  holding  special  elections ; 
and  sections  11.54,  11.55,  11.56  and  11.57  of  the  statutes,  relat- 
ing to  voting  by  mail. 

Approved,  October  11. 
Dated  at  Madison,  Wisconsin, 
October  11,  A.  D.  1916. 

Kespectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 


SESSION  OF  1916  115 

COMMUTATIONS  OF  SENTENCE  FROM  THE  WISCONSIN 
STATE  REFORMATORY 

Bayles  Owen — Convicted  before  the  municipal  court  of  Dane 
county,  on  the  sixth  da}'  of  May,  1916,  of  the  crime  of  burglary  in 
the  night-time  and  sentenced  to  the  state  reformatory  at  Green 
Bay  for  the  term  of  one  year.  On  August  10,  1916,  sentence 
was  commuted  to  six  months  because  of  his  youth  and  inexperience 
and  his  previous  good  character,  and  the  further  fact  that  his  family 
bear  an  excellent  reputation. 

Carol  Standiford — Convicted  before  the  circuit  court  for  Ver- 
non  county  on  the  sixteenth  day  of  March,  1916,  of  the  crime  of 
aiding  in  concealing  stolen  property  and  sentenced  to  the  state 
reformatory  at  Green  Bay  for  the  term  of  one  year.  On  August 
11,  1916,  sentence  was  commuted  to  six  months  in  order  that  it 
might  be  possible  for  him  to  enter  school  in  the  fall  and  for  the 
further  reason  that  this  was  his  first  offense  and  his  mother  is 
partly  dependent  upon  him  for  support. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 
December  31,  1916.  Governor. 


To  the  Honorable,  the  Legislature: 

I  have  the  honor  to  submit  the  following  report  of  conditional 
pardons,  pardons  and  commutations  of  sentence  granted  during 
the  term  beginning  the  first  Monday  in  January,  1915,  and  end- 
ing on  the  first  Monday  in  January,  1917,  together  with  the 
reasons  which  controlled  executive  action,  as  required  by  section 
6,  article  V,  of  the  constitution  of  the  state  of  Wisconsin. 

PARDONS  TO  RESTORE  RIGHTS  OF  CITIZENSHIP  AFTER 
EXPIRATION  OF  SENTENCE 

Harvey  Gustavus — Convicted  before  the  circuit  court  of  Win- 
nebago  county,  on  the  twentieth  day  of  September,  1909,  of  the 
crime  of  assault,  regardless  of  life,  and  sentenced  to  the  state  prison 
at  Waupun  for  the  term  of  seven  years.  Pardon  granted  re- 
storing rights  of  citizenship,  January  6,  1915. 

George  Smithers — Convicted  before  the  municipal  court  for 
Dane  county,  on  the  seventeenth  day  of  July,  1890,  of  the  crime 
of  adultery  and  sentenced  to  state  prison  at  Waupun  for  the  term 


116  MESSAGES  TO  THE  LEGISLATURE 

of  one  year;  and  convicted  before  the  municipal  court  for  Dane 
county,  on  the  thirteenth  day  of  November,  1903,  of  the  crime 
of  assault  with  intent  to  kill,  being  armed,  and  sentenced  to  state 
prison  at  Waupun  for  the  term  of  five  years.  Pardon  granted 
restoring  rights  of  citizenship  January,  1915. 

John  Hubert — Convicted  before  the  circuit  court  for  Fond  du 
Lac  county  on  the  seventh  day  of  May,  1912,  of  the  crime  of 
adultery  and  sentenced  to  state  prison  at  Waupun  for  the  term 
of  one  year.  Pardon  granted  restoring  rights  of  citizenship  Jan- 
uary 25,  1915. 

Daniel  Bueceleisen — Convicted  before  the  county  court  for  La 
Crosse  county,  on  the  seventeenth  day  of  September,  1908,  of  the 
crime  of  obtaining  money  under  false  pretenses  and  sentenced  to 
state  prison  at  Waupun  for  the  term  of  three  years.  Pardon 
granted  restoring  rights  of  citizenship  February  24,  1915. 

Joseph.  R.  Davis — Convicted  before  the  municipal  court  for 
Milwaukee  county,  on  the  twenty-seventh  day  of  January,  1912, 
of  the  crime  of  adultery  and  sentenced  to  state  prison  at  Waupun 
for  the  term  of  three  years.  Pardon  granted  restoring  rights  of 
citizenship  March  1,  1915. 

Clyde  Schult — Convicted  before  the  circuit  court  for  Eusk  county, 
on  the  ninth  day  of  March,  1912,  of  the  crime  of  adultery  and  sen- 
tenced to  state  prison  at  Waupun  for  the  term  of  two  years.  Par- 
don granted  restoring  rights  of  citizenship  March  8,  1915. 

George  Angenendt — Convicted  before  the  municipal  court  for 
Kenosha  county,  on  the  fifth  day  of  September,  1911,  of  the  crime 
of  assault  and  battery  and  sentenced  to  state  prison  at  Waupun 
for  the  term  of  one  year.  Pardon  granted  restoring  rights  of 
citizenship  March  8,  1915. 

John  Fiscus — Convicted  before  the  municipal  court  for  Dane 
county,  on  the  nineteenth  day  of  June,  1911,  of  the  crime  of 
burglary  and  sentenced  to  the  state  reformatory  at  Green  Bay 
for  the  term  of  one  year.  Pardon  granted  restoring  rights  of 
citizenship  March  20,  1915. 

Edwin  C.  Story — Convicted  before  the  municipal  court  for 
Dane  county,  on  the  third  day  of  December,  1908,  of  the  crime  of 
violation  of  banking  laws  and  sentenced  to  state  prison  at  Wau- 
pun for  the  term  of  five  years.  Pardon  granted  restoring  rights 
of  citizenship  March  20,  1915. 

John  Rogers — Convicted  before  the  municipal  court  for  Outa- 


SESSION  OF  1916  117 

gamie  county,  on  the  twenty-fifth  day  of  November,  1912,  of 
the  crime  of  larceny  from  the  person  and  sentenced  to  state  re- 
formatory at  Green  Bay  for  the  term  of  one  and  one-half  years. 
Pardon  granted  restoring  rights  of  citizenship  March  31,  1915. 

Philip  Mielke — Convicted  before  the  circuit  court  for  Forest 
county,  on  the  twenty-second  day  of  April,  1913,  of  the  crime  of 
adultery  and  sentenced  to  state  prison  at  Waupun  for  the  term 
of  one  year.  Pardon  granted  restoring  rights  of  citizenship  April 
6,  1915. 

Henry  Day — Convicted  before  the  circuit  court*  for  Marathon 
county,  on  the  eighth  day  of  March,  1902,  of  the  crime  of  incest 
and  sentenced  to  state  prison  at  Waupun  for  the  term  of  six  years. 
Pardon  granted  restoring  rights  of  citizenship  April  15,  1915. 

Theodore  Murchie — Convicted  before  the  municipal  court  for 
Outagamie  county,  on  the  twenty-fifth  day  of  November,  1912,  of 
the  crime  of  receiving  stolen  property  and  sentenced  to  state  prison 
at  Waupun  for  the  term  of  one  and  one-half  years.  Pardon  granted 
restoring  rights  of  citizenship  April  15,  1915. 

John  S.  Erd — Convicted  before  the  municipal  court  for  Dane 
county,  on  the  thirteenth  day  of  July,  1912,  of  the  crime  of  adul- 
tery and  sentenced  to  state  prison  at  Waupun  for  the  term  of  one 
and  one-half  years.  Pardon  granted  restoring  rights  of  citizen- 
ship April  23,  1915. 

Richard  Early — Convicted  before  the  circuit  court  for  St.  Croix 
county,  on  the  twenty-seventh  day  of  March,  1912,  of  the  crime  of 
rape  and  sentenced  to  state  prison  at  Waupun  for  the  term  of  two 
years.  Pardon  granted  restoring  rights  of  citizenship  April  30, 
1915. 

Robert  Cartwright — Convicted  before  the  county  court  for  Wash- 
burn  county,  on  the  nineteenth  day  of  February,  1913,  of  the  crime 
of  abduction  under  section  4387a  and  sentenced  to  state  prison  at 
Waupun  for  the  term  of  four  months.  Pardon  granted  restoring 
rights  of  citizenship  May  5,  1915. 

A.  R.  Law — Convicted  before  the  circuit  court  for  Dane  county, 
on  the  twenty-fifth  day  of  September,  1912,  of  the  crime  of  man- 
slaughter in  the  second  degree  and  sentenced  to  state  prison  at 
Waupun  for  the  term  of  six  years.  Pardon  granted  restoring 
rights  of  citizenship  June  10,  1915.  Eight  to  practice  medicine 
and  surgery  restored  January  13,  1916. 

Clarence    Thornburg — Convicted   before   the   circuit   court   for 


118  MESSAGES  TO  THE  LEGISLATURE 

Fond  du  Lac  county,  on  the  twenty-fourth  day  of  May,  1913,  of 
the  crime  of  adultery  and  sentenced  to  state  prison  at  Waupun 
for  the  term  of  one  year.  Pardon  granted  restoring  rights  of 
citizenship  June  10,  1915. 

James  Clark  Nagle — Convicted  before  the  circuit  court  for 
Oneida  county,  on  the  thirteenth  day  of  December,  1906,  of  the 
crime  of  adultery  and  sentenced  to  state  prison  at  Waupun  for 
the  term  of  three  years.  Pardon  granted  restoring  rights  of  citi- 
zenship July  2,  1915. 

William-  A.  Kaplien — Convicted  before  the  municipal  court  for 
Dane  county,  on  the  thirtieth  day  of  August,  1910,  of  the  crime  of 
forgery  and  sentenced  to  state  reformatory  at  Green  Bay  for  the 
term  of  five  years.  Pardon  granted  restoring  rights  of  citizen- 
ship October  5,  1915. 

Otha  Johnson — Convicted  before  the  circuit  court  for  Bich- 
land  county,  on  the  twenty-second  day  of  April,  1908,  of  the 
crime  of  larceny  from  the  person  and  sentenced  to  state  reform- 
atory at  Green  Bay  for  the  term  of  one  year.  Pardon  granted 
restoring  rights  of  citizenship  Xovember  9,  1915. 

Charles  Gillotte — Convicted  before  the  circuit  court  for  Ken- 
osha  county,  on  the  twenty-first  day  of  October,  1908,  of  the 
crime  of  highway  robbery  and  sentenced  to  state  prison  at  Wau- 
pun for  the  term  of  two  years.  Pardon  granted  restoring  rights 
of  citizenship  November  9,  1915. 

John  E.  Smith — Convicted  before  the  circuit  court  for  Forest 
county,  on  the  twenty-seventh  day  of  October,  1911,  of  the  crime 
of  assault  with  intent  to  do  great  bodily  harm  and  sentenced  to 
state  prison  at  Waupun  for  the  term  of  one  year.  Pardon  granted 
restoring  rights  of  citizenship  Xovember  29,  1915. 

Milton  Patten — Convicted  before  the  circuit  court  for  Eich- 
land  county,  on  the  twenty-third  day  of  April,  1900,  of  the  crime 
of  seduction  and  sentenced  to  state  reformatory  at  Green  Bay  for 
the  term  of  two  years.  Pardon  granted  restoring  rights  of  citizen- 
ship January  17,  1916. 

George  T.  Mechan — Convicted  before  the  circuit  court  for  Flor- 
ence county,  on  the  second  day  of  October,  1901,  of  the  crime  of 
robbery  and  sentenced  to  state  reformatory  at  Green  Bay  for  the 
term  of  five  years.  Pardon  granted  restoring  rights  of  citizenship 
February  11,  1916. 

Albert  Howell — Convicted  before  the  circuit  court  for  Florence 


SESSION  OF  1916  119 

county,  on  the  twenty-second  day  of  August,  1908,  of  the  crime  of 
larceny  from  the  person  and  sentenced  to  the  state  reformatory  at 
Green  Bay  for  the  term  of  one  year.  Pardon  granted  restoring 
rights  of  citizenship  February  25,  1916. 

Joseph  Bauer — Convicted  before  the  municipal  court  for  Rock 
count}',  on  the  eleventh  day  of  September,  1907,  of  the  crime  of 
making  an  assault  and  larceny  from  the  person,  and  sentenced  to 
state  prison  at  Waupun  for  the  term  of  fifteen  months.  Pardon 
granted  restoring  rights  of  citizenship  March  2,  1916. 

E.  A.  Blumm — Convicted  before  the  municipal  court  for  Rock 
county,  on  the  twenty-third  day  of  September,  1908,  of  the  crime 
of  assault  with  intent  to  commit  rape  and  sentenced  to  state 
prison  at  Waupun  for  the  term  of  two  years.  Pardon  granted 
restoring  rights  of  citizenship  March  7,  1916. 

Henry  Fort — Convicted  before  the  district  court  for  La  Crosse 
county,  on  the  third  day  of  March,  1904,  of  the  crime  of  robbery 
and  sentenced  to  state  prison  at  Waupun  for  the  term  of  one  and 
one-half  years.  Pardon  granted  restoring  rights  of  citizenship 
March  8,  1916. 

Frank  Shaha,  Jr. — Convicted  before  the  municipal  court  for 
Brown  county,  on  the  third  day  of  December,  1913,  of  the  crime 
of  abandonment  and  sentenced  to  state  prison  at  Waupun  for  the 
term  of  one  year.  Pardon  granted  restoring  rights  of  citizenship 
March  21,  1916. 

John  Considine — Convicted  before  the  circuit  court  for  Grant 
county,  on  the  seventh  day  of  September,  1911,  of  the  crime  of 
robbery  and  sentenced  to  state  prison  at  Waupun  for  the  term  of 
one  year.  Pardon  granted  restoring  rights  of  citizenship  March 
18,  1912. 

William  Hughes — Convicted  before  the  circuit  court  for  Douglas 
county,  on  the  fifth  day  of  December,  1899,  of  the  crime  of  murder 
in  the  first  degree  and  sentenced  to  state  prison  at  Waupun  for  the 
term  of  his  natural  life.  On  December  23,  1913,  sentence  was 
commuted  to  a  term  of  twenty-eight  years  and  on  March  5,  1915, 
a  final  discharge  was  granted.  Pardon  granted  restoring  rights 
of  citizenship  March  21,  1916. 

Mike  Kosmatka — Convicted  before  the  county  court  for  Portage 
county,  on  the  twenty-ninth  day  of  April,  1906,  of  the  crime  of 
larceny  and  sentenced  to  state  prison  at  Waupun  for  the  term  of 


120  MESSAGES  TO  THE  LEGISLATURE 

eleven  months.     Pardon  granted   restoring  rights   of   citizenship 
April  3,  1916. 

George  D.  Foss — Convicted  before  municipal  court  for  Dane 
county,  on  the  seventeenth  day  of  February,  1913,  of  the  crime 
of  abandonment  and  sentenced  to  state  prison  at  Waupun  for 
the  term  of  eighteen  months.  Pardon  granted  restoring  rights  of 
citizenship  April  3,  1916. 

E.  C.  Alton — Convicted  before  the  circuit  court  for  Monroe 
county,  on  the  fifth  day  of  March,  1912,  of  the  crime  of  forgery 
and  sentenced  to  state  prison  at  Waupun  for  the  term  of  one 
year.  Pardon  granted  restoring  rights  of  citizenship  April  11, 
1916. 

Ernest  Jerome — Convicted  before  the  circuit  court  for  Monroe 
county,  on  the  twenty-ninth  day  of  April,  1911,  of  the  crime  of 
adultery  and  sentenced  to  state  prison  at  Waupun  for  the  term  of 
two  years.  Pardon  granted  restoring  rights  of  citizenship  May 
2,  1916. 

James  Sweeney — Convicted  before  the  circuit  court  for  Fond  du 
Lac  county,  on  the  twenty-fourth  day  of  October,  1910,  of  the  crime 
of  larceny  from  the  person  and  sentenced  to  state  prison  at  Wau- 
pun for  the  term  of  two  years.  Sentence  was  suspended  and  the 
defendant  placed  on  probation.  Probation  violated  February  22, 
1912,  and  defendant  was  sent  to  prison.  Pardon  granted  restor- 
ing rights  of  citizenship  May  5,  1916. 

Andrew  R.  Johnson — Convicted  before  the  circuit  court  for 
Waukesha  county,  on  the  eleventh  day  of  August,  1910,  of  the 
crime  of  burglary  and  sentenced  to  state  prison  at  Waupun  for 
the  term  of  five  years.  Pardon  granted  restoring  rights  of  citizen- 
ship June  13,  1916. 

James  Elkey — Convicted  before  the  circuit  court  for  Outa- 
gamie  county,  on  the  twenty-eighth  day  of  April,  1884,  of  the 
crime  of  larceny  and  sentenced  to  state  prison  at  Waupun  for 
the  term  of  nine  mouths.  Pardon  granted  restoring  rights  of 
citizenship  June  13,  1916. 

Charles  Schiewitz — Convicted  before  the  municipal  court  for 
Milwaukee  county,  on  the  twenty-fourth  day  of  November,  1913, 
of  the  crime  of  keeping  house  of  ill-fame  and  keeping  premises 
for  unlawful  purposes,  and  sentenced  to  Milwaukee  county  house 
of  correction  for  the  term  of  six  months,  or  pay  a  fine  of  two 


SESSION  OF  1916  121 

hundred  and  fifty  dollars.     Pardon  granted   restoring  rights  of 
citizenship  June  28,  1916. 

Joe  Obry — Convicted  before  municipal  court  for  Milwaukee 
county,  on  the  seventh  day  of  September,  1909,  of  the  crime  of 
indecency  and  sentenced  to  Milwaukee  county  house  of  correction 
for  the  term  of  two  years.  Pardon  granted  restoring  rights  of 
citizenship  July  6,  1916. 

M.  B.  Magaurn — Convicted  before  the  circuit  court  for  Florence 
county,  on  the  twenty-fifth  day  of  May,  1916,  of  the  crime  of  as- 
sault and  battery  with  intent  to  do  great  bodily  harm,  and  sen- 
tenced to  pay  a  fine  of  two  hundred  dollars  and  costs.  Pardon 
granted  restoring  rights  of  citizenship  August  2,  1916. 

Nick  Schommer — Convicted  before  the  Superior  court  for  Doug- 
las county,  on  the  eleventh  day  of  October,  1910,  of  the  crime  of 
assault  with  intent  to  kill  and  sentenced  to  state  prison  at  Waupun 
for  the  term  of  five  years.  Pardon  granted  restoring  rights  of 
citizenship  August  21,  1916. 

Fred  K.  Semisch — Convicted  before  the  circuit  court  for  Eau 
Claire  county,  on  the  twenty-eighth  day  of  September,  1910,  of  the 
crime  of  arson  and  sentenced  to  state  prison  at  Waupun  for  the 
term  of  one  year.  Pardon  granted  restoring  rights  of  citizenship 
September  1,  1916. 

Joseph  A.  Rank — Convicted  before  the  municipal  court  for  Mani- 
towoc  county,  on  the  twelfth  day  of  June,  1913,  of  the  crime  of 
embezzlement,  and  sentenced  to  state  prison  at  Waupun  for  the 
term  of  twenty  months.  Pardon  granted  restoring  rights  of  citi- 
zenship September  1,  1916. 

Frank  T.  Wagner — Convicted  before  the  circuit  court  for  Dane 
county,  on  the  thirty-first  day  of  July,  1911,  of  the  crime  of  per- 
jury, and  sentenced  to .  state  prison  at  Waupun  for  the  term  of 
three  years.  Pardon  granted  restoring  rights  of  citizenship  Sep- 
tember 1,  1916. 

0.  N.  Rowley — Convicted  before  the  municipal  court  for  Dane 
county,  on  the  first  day  of  April,  1912,  of  the  crime  of  adultery, 
and  sentenced  to  state  prison  at  Waupun  for  the  term  of  two 
years  and  six  months.  Pardon  granted  restoring  rights  of  citizen- 
ship September  12,  1916. 

John  Park  Baker — Convicted  before  the  municipal  court  for 
Marathon  county,  on  the  nineteenth  day  of  July,  1909,  of  the 
crime  of  forgery,  and  sentenced  to  state  prison  at  Waupun  for 


122  MESSAGES  TO  THE  LEGISLATURE 

the  term  of  three  years.  Pardon  granted  restoring  rights  of  citi- 
zenship September  19,  1916. 

Robert  Zimmerman — Convicted  before  the  circuit  court  for  Lin- 
coln county,  on  the  seventeenth  day  of  November,  1909,  of  the 
crime  of  setting  a  gun,  and  sentenced  to  state  prison  at  Waupun 
for  the  term  of  five  years.  Pardon  granted  restoring  rights  of 
citizenship  October  13,  1916. 

George  Pappus — Convicted  before  the  circuit  court  for  Lincoln 
count}7,  on  the  twelfth  day  of  April,  1912,  of  the  crime  of  pander- 
ing, and  sentenced  to  state  prison  at  Waupun  for  the  term  of  four 
years.  Pardon  granted  restoring  rights  of  citizenship  October 
13,  1916. 

Clarence  Titus — Convicted  before  the  municipal  court  for  Dane 
county,  on  the  seventh  day  of  October,  1914,  of  the  crime  of  grand 
larceny,  and  sentenced  to  state  prison  at  Waupun  for  the  term 
of  one  year.  Pardon  granted  restoring  rights  of  citizenship  No- 
vember 3,  1916 

Mary  Haffner — Convicted  before  the  municipal  court  for  Milwau- 
kee county,  on  the  thirteenth  day  of  November,  1915,  of  the  crime 
of  keeping  a  house  of  ill-fame,  and  sentenced  to  pay  a  fine  of  three 
hundred  dollars  and  costs.  Pardon  granted  restoring  rights  of 
citizenship  November  26,  1916. 

John  Haffner — Convicted  before  the  municipal  court  for  Mil- 
waukee county,  on  the  thirteenth  day  of  November,  1915,  of  the 
crime  «of  keeping  a  house  of  ill-fame,  and  sentenced  to  pay  a  fine 
of  two  hundred  dollars  and  costs.  Pardon  granted  restoring  rights 
of  citizenship  November  26,  1916. 

ABSOLUTE  PARDONS  FROM  THE  STATE  PRISON  AT  WAUPUN 

Fred  Belinke — Convicted  before  the  municipal  court  for  Dane 
county,  on  the  seventh  day  of  October,  1914,  of  the  crime  of 
larceny  and  sentenced  to  the  Wisconsin  state  prison  at  Waupun 
for  the  term  of  one  year.  Upon  the  representation  that  the  fami- 
ly was  in  great  need  and  needed  the  support  of  Behnke  absolute 
pardon  was  granted  to  take  effect  March  6,  1915. 

John  F.  Polley — Convicted  before  the  municipal  court  for  Outa- 
gamie  county,  on  the  twenty-first  day  of  October,  1912,  of  the  crime 
of  embezzlement  and  sentenced  to  the  state  prison  at  Waupun  for 
the  term  of  four  years.  Polley  was  paroled  August  8,  1914. 
The  restrictions  of  his  parole  made  it  impossible  for  him  to  hold 


SESSION  OF  1916  123 

his  position.  He  was  desirous  of  making  restitution  to  the  parties 
from  whom  he  had  embezzled  funds.  The  pardon  application  was 
endorsed  and  favored  by  the  parties  from  whom  he  embezzled. 
Pardon  was  granted  June  24,  1915. 

A.  M.  Baker — Convicted  before  the  municipal  court  for  Green 
county,  on  the  seventh  day  of  October,  1914,  of  the  crime  of  adultery 
and  sentenced  to  the  state  prison  at  Waupun  for  the  term  of  one 
year.  It  was  represented  that  he  had  been  sufficiently  punished 
and  that  a  pardon  would  allow  him  to  provide  for  those  that  were 
dependent  upon  him.  Therefore  the  pardon  was  granted  July  2, 
1915. 

Burt  McLain — Convicted  before  the  circuit  court  for  Forest 
county,  on  the  twenty-sixth  day  of  September,  1912,  of  the  crime 
of  rape  and  sentenced  to  the  state  prison  at  Waupun  for  the  term 
of  thirteen  years.  From  the  testimony  it  appeared  that  the  de- 
fendant was  a  victim  of  circumstances  and  that  there  was  a  grave 
doubt  as  to  his  guilt.  The  penalty  was  excessive.  His  record 
while  in  prison  was  good.  Absolute  pardon  was  granted  July  15, 
1915. 

George  Johnson — Convicted  before  the  circuit  court  for  Lincoln 
county,  on  the  twenty-third  day  of  April,  1912,  of  the  crime  of 
forgery  and  sentenced  to  the  state  prison  at  Waupun  for  the  term 
of  three  years.  Johnson  was  paroled  October  25,  1914.  Upon  a 
petition  signed  by  prominent  business  men  application  for  pardon 
was  filed  by  Ealph  E.  Smith.  Representation  was  made  that  the 
sentence  was  excessive,  that  he  had  been  sufficiently  punished  and 
that  he  had  conducted  himself  in  an  excellent  manner  while  in 
prison.  Absolute  pardon  was  granted  July  25,  1915. 

Alex  Greves — Convicted  before  the  circuit  court  for  Milwaukee 
county,  on  the  third  day  of  November,  1913,  of  the  crime  of  rape 
and  sentenced  to  state  prison  at  Waupun  for  the  term  of  ten  years. 
Testimony  at  the  pardon  hearing  showed  there  was  a  grave  doubt 
as  to  his  guilt  upon  the  charge  of  rape,  it  appearing  probable  that 
the  offense  of  which  he  was  guilty  was  adultery  and  that  he  had 
been  sufficiently  punished  for  this  latter  offense.  Absolute  pardon 
was  granted  August  12,  1915. 

Hattie  Olson — Convicted  before  the  municipal  court  for  Dane 
county,  on  the  second  day  of  June,  1915,  of  the  crime  of  fornica- 
tion and  sentenced  to  state  prison  at  Waupun  for  the  term  of  one 
year.  Upon  the  representation  that  a  home  would  be  given  to 


124  MESSAGES  TO  THE  LEGISLATURE 

her  and  that  she  had  been  sufficiently  punished  for  the  offense 
committed  absolute  pardon  was  granted  October  14,  1915. 

Harry  W.  Hines — Convicted  before  the  county  court  for  Dunn 
county,  on  the  sixth  day  of  July,  1915,  of  the  crime  of  embezzle- 
ment and  sentenced  to  the  Wisconsin  state  prison  for  the  term  of 
one  year.  The  judge  and  the  district  attorney  recommended  execu- 
tive clemency.  The  prisoner's  health  was  very  poor  and  it  was 
feared  he  would  become  a  physical  wreck  if  not  released.  The 
money  that  was  embezzled  was  used  to  pay  debts  and  support  him- 
self and  family.  For  the  reasons  given  an  absolute  pardon  was 
granted  November  11,  1915. 

John  Mullin — Convicted  before  the  municipal  court  for  Rock 
county,  on  the  twelfth  day  of  October,  1914,  of  the  crime  of  for- 
gery and  sentenced  to  state  prison  at  Waupun  for  the  term  of 
three  years.  Pardon  application  was  made  by  John  L.  Fisher  of 
Janesville.  The  judge  who  presided  at  the  trial  recommended  a 
pardon.  The  sentence  being  excessive  for  the  crime  committed. 
Absolute  pardon  was  granted  December  10,  1915. 

Augusta  Schultz — Convicted  before  the  circuit  court  for  Sauk 
county,  on  the  twenty-sixth  day  of  September,  1913,  of  the  crime 
of  adultery  and  sentenced  to  the  state  prison  at  Waupun  for  the 
term  of  three  years.  Sentence  was  suspended  and  she  was  placed 
on  probation.  She  was  discharged  from  probation  December  14, 
1915.  Because  of  her  exemplary  conduct  while  on  probation  and 
for  the  reason  that  she  had  been  discharged  by  the  board  of  con- 
trol this  pardon  application  was  granted  on  February  1,  1916,  in 
order  that  she  might  be  restored  to  citizenship. 

Agnes  PenTcosky — Convicted  before  the  circuit  court  for  Mar- 
inette  county,  on  the  eighteenth  day  of  September,  1915,  of  the 
crime  of  adultery  and  sentenced  to  the  state  prison  at  Waupun 
for  the  term  of  one  year.  The  board  of  control  favored  the  grant- 
ing of  a  pardon  for  the  reason  that  the  woman  was  pregnant  and 
in  order  that  the  child  might  not  be  stigmatized  by  prison  birth 
absolute  pardon  was  granted  February  17,  1916. 

Nick  Solo — Convicted  before  the  circuit  court  for  Ashland 
county,  on  the  seventeenth  day  of  July,  1915,  of  the  crime  of 
burglary  and  sentenced  to  the  state  prison  at  Waupun  for  the 
term  of  two  years  and  three  months.  There  appeared  to  be  a 
grave  doubt  as  to  whether  or  not  Salo  was  guilty  of  the  crime  for 


SESSION  or  1916  125 

which  he  was  sentenced.     Absolute  pardon  was  granted  April  13. 
1916. 

Burkhard  Brain — Convicted  before  the  circuit  court  for  Green 
county,  on  the  20th  day  of  March,  1883,  of  the  crime  of  murder  in 
the  first  degree  and  sentenced  to  the  Wisconsin  state  prison  for 
the  term  of  life.  In  1913  Bram  was  paroled.  There  appears  to 
be  a  question  as  to  whether  Bram  was  entirely  to  blame  for  the 
murder  which  he  committed.  The  wife  of  the  murdered  man 
seems  to  have  been  infatuated  with  Bram  and  to  have  laid  the 
plans  for  the  murder  of  her  husband.  Bram  was  a  native  of 
Switzerland  and  had  been  in  this  country  but  two  years  and  was 
evidently  under  the  influence  of  this  woman,  who  was  ten  years 
his  senior.  Both  Bram  and  the  woman  were  sentenced  to  state 
prison  for  life,  the  woman  dying  in  the  prison.  It  is  stated  that 
before  her  death  she  made  a  complete  confession,  giving  what  she 
stated  was  a  true  statement  of  fact.  She  claimed  to  have  planned 
the  murder  in  which  both  Bram  and  herself  participated.  The 
board  of  control  joined  in  the  request  for  executive  clemency. 
Absolute  pardon  was  granted  May  20,  1916. 

Ed  Yulander — Convicted  before  the  Superior  court  for  Douglas 
county  on  the  thirtieth  day  of  March,  1916,  of  the  crime  of  assault 
with  intent  to  rob  and  sentenced  to  Wisconsin  state  prison  for  the 
term  of  one  year.  The  district  attorney  requested  pardon  for  this 
man  for  the  reason  that  it  had  been  determined  that  Yulander 
was  innocent  of  the  crime  for  which  he  was  sentenced.  It  appears 
that  when  brought  before  the  court  he  was  suffering  from  delirium 
tremens  and  did  not  realize  the  crime  with  which  he  was  charged. 
He  plead  guilty  and  it  was  not  until  sometime  later  while  confined 
in  the  prison  that  he  demanded  to  know  the  reason  for  his  im- 
prisonment. Upon  being  informed  as  to  the  crime  for  which  he 
had  been  convicted  he  claimed  to  be  able  to  prove  an  albi.  The 
district  attorney  was  informed  as  to  the  facts  and  upon  making 
an  investigation  satisfied  himself  that  the  statements  made  by 
Yulander  were  correct.  Absolute  pardon  was  granted  July  14, 
1916. 

Joseph  Ladd — Convicted  before  the  municipal  court  for  Mara- 
thon county,  on  the  twenty-sixth  day  of  October,  1909,  of  the  crime 
of  burglary  and  sentenced  to  the  state  prison  at  Waupun  for  the 
term  of  twelve  years.  The  prison  physician's  report  shows  that 
Ladd  was  suffering  from  heart  and  stomach  trouble.  In  order 


126  MESSAGES  TO  THE  LEGISLATURE 

that  he  might  receive  the  medical  attention  and  care  necessary 
absolute  pardon  was  granted  July  18,  1916. 

William  H.  Kennerd — Convicted  before  the  circuit  court  for 
Forest  county  on  the  thirteenth  day  of  April,  1916,  of  the  crime 
of  obtaining  money  under  false  pretenses  and  sentenced  to  the  state 
prison  at  Waupun  for  the  term  of  one  year.  Kennerd  had  served 
a  prior  sentence  upon  the  same  charge.  The  judge  when  passing 
sentence  stated  that  he  was  taking  into  consideration  the  several 
crimes  which  Kennerd  had  committed  and  was  giving  him  a 
sentence  which  he  believed  to  be  commensurate  with  the  crimes. 
Upon  his  release  from  prison  Kennerd  was  again  arrested  upon 
one  of  the  old  charges  and  again  sentenced  to  state  prison.  Be- 
lieving that  this  was  imprisonment  twice  for  the.  same  offense 
absolute  pardon  was  granted  August  10,  1916. 

Ccuroline  Patzer — Convicted  before  the  circuit  court  for  Wau- 
paca  county,  on  the  first  day  of  July,  1913,  of  the  crime  of  murder 
in  the  third  degree  and  sentenced  to  the  state  prison  at  Waupun 
for  the  term  of  nine  years.  The  testimony  discloses  the  fact  that 
Mrs.  Patzer,  was  subjected  to  the  most  cruel  treatment  by  her 
husband.  Because  of  the  circumstances  surrounding  the  commis- 
sion of  this  crime  and  because  of  the  physical  condition  of  Mrs. 
Patzer,  and  for  the  further  reason  that  her  children  will  provide 
her  a  comfortable  home  for  the  balance  of  her  life,  and  in  view 
of  the  fact  that  her  record  in  prison  lias  been  perfect,  an  absolute 
pardon  was  granted  August  22,  1916. 

Robert  Cashman — Convicted  before  the  circuit  court  for  Wash- 
burn  county,  on  the  twelfth  day  of  April,  1915,  of  the  crime  of 
burglary  and  sentenced  to  the  state  prison  at  Waupun  for  the  term 
of  two  years.  The  parole  officer  and  the  board  of  control  recom- 
mended a  pardon  for  the  reason  that  the  family  is  sadly  in  need 
of  support,  that  a  good  position  has  been  promised  him  where  he 
will  be  able  to  secure  good  wages  and  support  the  family.  Be- 
cause of  the  facts  stated  and  for  the  further  reason  that  his  con- 
duct has  been  exceptionally  good,  absolute  pardon  was  granted 
September  9,  1916. 

Lester  Perliam — Convicted  before  the  circuit  court  for  Monroe 
county,  on  the  third  day  of  June,  1914,  of  the  crime  of  burglary 
and  sentenced  to  the  state  prison  at  Waupun  for  the  term  of  three 
years.  His  term  would  have  expired  December  3,  1916.  While 
on  parole  he  enlisted  and  was  accepted  in  the  National  Guard  in- 


SESSION  OF  1916  127 

tending  to  go  to  the  Mexican  border.  It  was  necessary  to  restore 
his  civil  rights  in  order  for  him  to  take  the  federal  oath.  His 
record  while  in  prison  and  likewise  while  on  parole  was  good. 
Absolute  pardon  was  granted  October  18,  1916. 

Alfred  Schurig — Convicted  before  the  municipal  court  for  Mil- 
waukee county,  on  the  tenth  day  of  February,  1915,  of  the  crime 
of  forgery  and  sentenced  to  the  state  prison  at  Waupun  for  the 
term  of  three  years.  Schurig  conducted  a  correspondence  school 
in  the  city  of  Milwaukee.  Through  misrepresentation  and  forged 
papers  he  succeeded  in  borrowing  sums  of  money  from  many  poor 
people.  Upon  his  arrest  and  conviction  he  left  a  wife  with  a 
family  of  children  in  most  destitute  circumstances.  The  wife  has 
struggled  to  keep  the  little  family  together  and  has  made  most 
urgent  and  piteous  appeals  for  the  return  of  her  husband. 
Schurig's  record  while  in  prison  has  been  good.  Believing  that 
he  has  learned  his  lesson  and  that  he  will  never  again  sin  against 
society  absolute  pardon  was  granted  December  20,  1916. 

ABSOLUTE  PARDONS  FROM  THE  STATE  EEFORMATORY  AT 
GREEN  BAY. 

Jesse  Hague — Convicted  before  the  county  court  of  Trempea- 
leau  county,  on  the  twenty-eighth  day  of  January,  1915,  of  the 
crime  of  extortion,  and  sentenced  to  the  Wisconsin  state  reforma- 
tory at  Green  Bay  for  the  term  of  one  year.  It  appears  that  it 
was  the  intention  to  play  a  practical  joke  and  that  there  was  no 
thought  or  intention  of  committing  a  crime.  Absolute  pardon  was 
granted  October  14,  1915. 

John  Klabbe — Convicted  before  the  municipal  court  for  Mil- 
waukee county,  on  the  fifth  day  of  February,  1915,  of  the  crime 
of  receiving  stolen  property  and  sentenced  to  the  state  reformatory 
at  Green  Bay  for  the  term  of  one  year.  He  served  thirty  days 
in  jail  before  he  was  sentenced  to  Green  Bay.  His  parents  are 
very  poor  and  are  dependent  on  him  for  support,  a  brother,  upon 
whom  the  family  previously  depended,  having  died  on  December 
19th.  Having  but  one  month  more  to  serve  an  absolute  pardon 
was  granted  December  22,  1915. 

Joseph  Young — Convicted  before  the  municipal  Court  for  Mil- 
waukee county,  on  the  26th  day  of  July,  1915,  of  the  crime  of 
larceny  of  an  automobile  and  sentenced  to  the  state  reformatory 


128  MESSAGES  TO  THE  LEGISLATURE 

at  Green  Bay  for  the  term  of  one  year.  Young  is  a  cripple,  hav- 
ing lost  both  his  legs.  An  absolute  pardon  was  granted  February 
1,  1916,  in  order  that  he  might  receive  proper  medical  attention. 

Russell  Bowman — Convicted  before  the  municipal  court  for  Mil- 
waukee county,  on  the  twelfth  day  of  December,  1914,  of  the 
crime  of  assault  and  theft  and  sentenced  to  the  state  Reforma- 
tory at  Green  Bay  for  the  term  of  three  years.  It  was  represented 
that  the  family  of  Bowman,  who  lived  in  Ohio,  were  most  esti- 
mable people.  The  young  man  was  paroled  in  order  that  he  might 
go  to  the  home  of  his  mother.  While  on  parole  he  made  applica- 
tion for  a  pardon  in  order  that  he  might  enlist  in  the  National 
Guard  of  Ohio  for  the  purpose  of  going  to  the  Mexican  border. 
Affidavit  of  Sergeant  W.  A.  Snow  and  certificate  of  Lieutenant  J. 
R.  Taylor  is  on  file  stating  that  Bowman  joined  the  National 
Guard.  Absolute  pardon  was  granted  June  13,  1916. 

J.  A.  Jenks — Convicted  before  the  municipal  court  of  Chippewa 
county,  on  the  nineteenth  day  of  February,  1916,  of  the  crime  of 
polygamy  and  sentenced  to  the  Wisconsin  state  reformatory  for 
the  term  of  three  years.  It  was  stated  that  Jenks  was  addicted 
to  the  use  of  drugs  which,  it  is  believed,  affected  his  mind.  While 
in  prison  the  drug  habit  has  been  corrected.  A  petition  was  filed 
setting  forth  the  fact  that  Jenks  was  cook  for  Company  E  of  the 
Wisconsin  National  Guard.  When  the  Eau  Claire  company  was 
called  into  the  federal  service  the  captain  of  the  company  was  un- 
able to  secure  a  suitable  man  to  take  the  position  of  cook  and  re- 
quested that  a  pardon  be  granted  to  Jenks  in  order  that  he  might 
be  with  the  company  on  the  Mexican  border.  Absolute  pardon 
was  granted  July  11,  1916. 

Mike  Bautcli — Convicted  before  the  circuit  court  of  Trempea- 
leau  county,  on  the  twenty-fourth  day  of  April,  1915,  of  the  crime 
of  burglary,  and  sentenced  to  the  Wisconsin  state  reformatory  for 
the  term  of  one  year.  It  was  represented  that  the  sentence  was 
excessive  for  the  crime  committed  and  that  Bautch  had  served  a 
sufficient  time.  It  is  believed  that  he  will  not  again  commit  a 
similar  offense.  Absolute  pardon  was  granted  December  14,  1916. 

William  H.  Oilman — Convicted  before  the  circuit  court  for  Fond 
du  Lac  county,  on  the  nineteenth  day  of  June,  1914,  of  the  crime 
of  burglary  and  sentenced  to  the  state  reformatory  at  Green  Bay 
for  the  term  of  four  years.  The  former  employer  of  Gilman,  to- 
gether with  other  prominent  citizens  of  Fond  du  Lac,  where  Gil- 


SESSION  OF  1916  129 

man  resided,  recommended  executive  clemency.     Absolute  pardon 
was  granted  December  7,  1916. 

ABSOLUTE  PARDONS  MILWAUKEE  COUXTY  HOUSE  OF  CORRECTION. 

Otto  A.  Borth — Convicted  before  the  municipal  court  for  Mil- 
waukee county,  on  the  eighteenth  day  of  March,  1915,  of  the  crime 
of  embezzlement  and  sentenced  to  the  Milwaukee  county  house  of 
correction  for  the  term  of  one  year  and  six  months.  At  the  hear- 
ing it  was  shown  that  the  prisoner  had  borne  a  good  record  and 
had  never  been  guilty  of  a  previous  offense.  Borth  had  no  inten- 
tion of  defrauding  but  had  expected  to  refund  the  money  taken. 
Upon  the  promise  that  Borth  return  to  his  parents  and  refund 
the  money  embezzled  absolute  pardon  was  granted  February  16, 
1915. 

William  Ilegebartli — Convicted  before  the  district  court  for  Mil- 
waukee county,  on  the  eighteenth  day  of  March,  1915,  of  the  crime 
of  carrying  concealed  weapon  and  sentenced  to  the  Milwaukee 
county  house  of  correction  for  the  term  of  ninety  days.  Family 
in  destitute  circumstances,  and  for  the  reason  that  he  had  been 
sufficiently  punished  absolute  pardon  was  granted  April  9,  1915. 

Otto  Dolgner — Convicted  before  the  municipal  court  for  Mil- 
waukee county,  on  the  twenty-ninth  day  of  March,  1911,  of  the 
crime  of  having  taken  indecent  liberties  with  a  female  child  of  the 
age  of  six  years,  and  sentenced  to  the  Milwaukee  county  house  of 
correction  for  the  term  of  two  years.  Upon  conviction  on  the 
above  charge  Dolgner  appealed  to  the  supreme  court,  furnishing 
a  bail  bond.  The  case  was  not  pushed  and  the  situation  was  not 
disclosed  until  the  clerk  of  the  court  discovered  the  bail  money  to 
his  credit  in  the  bank.  Dolgner  was  arrested  and  brought  into 
court.  It  appeared  that  during  this  interim  he  had  married  and 
had  led  an  upright  and  honest  life  and  had  the  confidence  and  re- 
spect of  his  employer.  For  the  reasons  given  an  absolute  pardon 
was  granted  January  4,  1916. 

George  Schmidt— Convicted  before  the  municipal  court  for  Mil- 
waukee county,  on  the  twelfth  day  of  November,  1914,  of  the  crime 
of  forgery  and  sentenced  to  the  Milwaukee  county  house  of  correc- 
tion for  the  term  of  two  years.  It  appears  that  Schmidt  was  in 
jail  four  months  before  sentence  was  pronounced.  Xo  credit  was 
given  him  for  this  time.  In  order  that  he  might  have  a  half 
credit  for  this  time  an  absolute  pardon  was  granted  June  13,  1916. 


130  MESSAGES  TO  THE  LEGISLATURE 

George  Bergmann — Convicted  before  the  municipal  court  for 
Milwaukee  county,  on  the  first  day  of  May,  1916,  of  the  crime  of 
taking  indecent  liberties  with  a  minor  and  sentenced  to  Milwau- 
kee county  house  of  correction  for  the  term  of  ninety  days.  Abso- 
lute pardon  was  granted  July  21,  1916  for  the  purpose  of  restoring 
the  rights  of  citizenship. 

Ludell  Miller — Convicted  before  the  municipal  court  for  Mil- 
waukee county,  on  the  fifteenth  day  of  April,  1916,  of  the  crime 
of  assault  with  intent  not  found  and  sentenced  to  the  Milwaukee 
county  house  of  correction  for  the  term  of  one  year.  This  woman 
was  leading  an  immoral  life  and  giving  her  husband  a  large  por- 
tion of  the  proceeds,  which  he  spent  on  other  women.  She  was 
subjected  to  great  abuse  on  the  part  of  her  husbband  and  had  a 
great  deal  of  provocation  for  the  crime  committed.  In  view  of  all 
facts,  she  had  been  sufficiently  punished  and  absolute  pardon  was 
granted  October  12,  1916. 

John  Loraine — Convicted  before  the  municipal  court  for  Mil- 
waukee county,  on  the  nineteenth  day  of  June,  1916,  of  the  crime 
of  larceny,  and  sentenced  to  the  Milwaukee  county  house  of  cor- 
rection for  the  term  of  two  years.  A  certificate  from  the  inspector 
shows  the  applicant  is  becoming  blind.  The  judge  and  the  dis- 
trict attorney  both  recommend  a  pardon,  in  order  that  Loraine 
might  be  given  an  opportunity  to  receive  treatment  for  his  eyes. 
Absolute  pardon  was  granted  November  22,  1916. 

Frank.  Merle cl — Convicted  before  the  municipal  court  for  Mil- 
waukee county,  on  the  twenty-second  day  of  March,  1915,  of  the 
crime  of  obtaining  money  and  property  under  false  pretenses,  and 
sentenced  to  the  Milwaukee  county  house  of  correction  for  the  term 
of  one  year  and  six  months.  On  April  14,  1915,  a  conditional 
pardon  was  granted  with  the  following  provision:  That  Merkel 
immediately  take  up  his  lesidence  in  Milwaukee  county,  remain 
there  during  the  period  of  his  sentence,  report  immediately  to  the 
chief  of  police  of  Milwaukee,  that  he  conduct  himself  as  a  peace- 
able and  law-abiding  citizen,  that  within  sixty  days  he  pay  to  the 
Germania  National  Bank  ten  dollars  and  that  he  continue  to  pay 
a  like  sum  each  month  thereafter  until  overdraft  to  the  bank  is 
paid,  that  he  report  in  writing  to  the  chief  of  police  on  each  Satur- 
day until  the  expiration  of  sentence.  At  the  pardon  hearing  it 
was  represented  that  he  had  lived  up  to  all  of  the  conditions  im- 
posed and  that  he  had  so  conducted  himself  as  to  be  worthy  of 


SESSION  OF  1916  131 

confidence  and  consideration.  Absolute  pardon  was  granted  May 
9,  1916,  in  order  that  he  might  be  restored  to  full  rights  of  citi- 
zenship. 

ABSOLUTE  PARDONS  FROM  THE  INDUSTRIAL  SCHOOL  FOR  GIRLS. 

Clara  Kanieski — Convicted  before  the  county  court  for  Portage 
county,  on  the  twelfth  day  of  January,  1914,  of  the  crime  of 
larceny  and  sentenced  to  Wisconsin  industrial  school  for  girls  at 
Milwaukee  for  the  term  of  her  minority.  There  were  extenuating 
circumstances  in  connection  with  the  crime  and  in  the  belief  that 
she  had  served  a  sufficient  length  of  time  and  that  it  was  for  the 
best  interest  of  the  girl's  future  that  she  return  to  her  parents' 
care  an  absolute  pardon  was  granted. 

Marie  Schwenkert — Convicted  before  the  municipal  court  for 
Dane  county,  on  the  sixteenth  day  of  July,  1914,  of  the  crime  of 
delinquency  and  sentenced  to  the  Wisconsin  industrial  school  for 
girls  at  Milwaukee  for  the  full  period  of  her  minority.  She  had 
never  been  accused  of  any  crime  other  than  delinquency.  Her 
husband,  who  was  instrumental  in  having  her  sent  to  the  industrial 
school,  applied  for  her  release.  Absolute  pardon  was  granted  July 
15,  1915. 

ABSOLUTE  PARDON  FROM  THE  INDUSTRIAL  SCHOOL  FOR  BOYS. 

Edward  Stelter — Convicted  before  the  municipal  court  for  Dane 
county,  on  the  sixth  day  of  April,  1916,  of  the  crime  of  incor- 
rigibility  and  sentenced  to  Wisconsin  industrial  school  for  boys 
for  the  full  period  of  his  minority.  It  was  a  question  whether  the 
environment  of  the  boy  was  not  responsible  for  the  commission  of 
the  crime  charged.  The  lad  was  sentenced  without  a  trial. 
Previous  to  this  time  he  had  borne  a  good  reputation.  The  belief 
is  that  the  court  erred  and  absolute  pardon  was  granted  May  5, 
1916. 

Arthur  Bullock — Convicted  before  the  municipal  court  for  Dane 
county,  on  the  sixth  day  of  April,  1916,  of  the  crime  of  incor- 
rigibility  and  sentenced  to  Wisconsin  industrial  school  for  boys  for 
the  full  period  of  his  minority.  This  lad  was  arrested  with 
Edward  Stelter  and  the  conditions  surrounding  him  were  precisely 
the  same  as  above  related.  Absolute  pardon  was  granted  May  5, 
1916. 


132  MESSAGES  TO  THE  LEGISLATURE 

George  Adler — Convicted  before  the  municipal  court  for  Dane 
county,  on  the  sixth  day  of  April,  1916,  of  the  crime  of  burglary 
and  sentenced  to  the  Industrial  School  for  boys  for  the  term  of  his 
minority.  This  was  the  lad's  first  offense.  He  had  borne  a  good 
reputation  and  upon  the  assurance  that  the  mother  will  look  out 
for  him  absolute  pardon  was  granted  August  22,  1916. 

ABSOLUTE  PARDONS  FROM  COUNTY  JAILS. 

Walter  Kurtz — Convicted  before  the  justice  court  for  Columbia 
county  on  the  twenty-ninth  day  of  October,  1914,  of  the  crime  of 
assault  and  battery  and  sentenced  to  the  Columbia  county  jail  for 
the  term  of  four  months.  It  was  represented  that  his  family 
needed  his  support  and  because  lie  had  received  sufficient  punish- 
ment for  the  crime  committed  and  all  interested  parties  urged 
clemency,  an  absolute  pardon  was  granted  January  27,  1915. 

Wallace  Smith — Convicted  before  the  municipal  court  for 
Outagamie  county  on  the  twenty-ninth  day  of  December,  1914, 
of  the  crime  of  assault  with  intent  to  do  great  bodily  harm  and 
sentenced  to  pay  a  fine  of  one  hundred  dollars,  in  default  of  pay- 
ment of  the  same  to  imprisonment  in  the  Outagamie  county  jail 
for  the  term  of  four  months.  For  the  reason  that  he  had  nearly 
completed  his  sentence  and  his  family  needed  his  support  absolute 
pardon  was  granted  March  6,  1915. 

Bessie  Aiken — Convicted  before  the  municipal  court  for  Dane 
county,  on  the  twenty-fifth  day  of  May,  1915,  of  the  crime  of 
adultery  and  sentenced  to  the  Dane  county  jail  for  the  term  of 
six  months.  From  affidavits  on  file  it  was  represented  that  she 
was  in  a  tubercular  condition  and  needed  medical  attention.  Abso- 
lute pardon  was  granted  August  9,  1915. 

Joe  Miller — Convicted  before  the  municipal  court  for  Dane 
county,  on  the  third  day  of  January,  1916,  of  the  crime  of  petit 
larceny  and  sentenced  to  the  Dane  county  jail  for  the  term  of  six 
months.  The  judge  who  sentenced  Miller  recommended  that  he  be 
pardoned,  for  the  reason  that  he  had  a  good  position  awaiting  him 
and  in  view  of  the  further  fact  that  he  had  served  one-half  of  his 
time  and  been  a  model  prisoner.  Absolute  pardon  was  granted 
April  7,  1916. 

John  Schwartz — Convicted  before  the  justice  court  for  Burnett 
county,  on  the  twenty-eighth  day  of  July,  1916,  of  the  crime  of 


SESSION  OF  1916  133 

assault  and  sentenced  to  the  county  jail  of  Burnett  county  for  the 
term  of  ninety  days.  The  family  has  been  reconciled  to  each  other 
and  the  wife  is  anxious  to  have  her  husband  released.  The  dis- 
trict attorney  and  the  justice  who  sentenced  him  recommended 
clemency.  Absolute  pardon  was  granted  September  28,  1916. 

W.  J.  Rutlier,  alias  William  Allen — Convicted  before  the 
municipal  court,  for  Dane  county  on  the  eleventh  day  of  February, 
1915,  of  the  crime  of  working  confidence  game,  and  sentenced 
to  the  Dane  county  jail  for  the  term  of  six  months.  On  June  3, 
1915,  a  conditional  pardon  was  granted.  On  August  19,  1915, 
the  case  was  re-opened,  for  the  reason  that  the  family,  who  re- 
sided in  Chicago,  were  in  destitute  circumstances  and  desired  his 
return,  an  absolute  pardon  was  granted. 

ABSOLUTE  PARDONS  MISCELLANEOUS. 

Raymond  Ebersol — Convicted  before  the  municipal  court  for 
Milwaukee  county,  on  the  first  day  of  November,  1914,  of  the  crime 
of  larceny  and  sentenced  to  be  placed  on  probation  in  charge  of 
Theodore  Puls  for  the  term  of  three  years.  A  pardon  was  recom- 
mended by  the  judge,  the  district  attorney  and  probation  officer 
for  the  purpose  of  restoring  the  rights  of  citizenship.  Absolute 
pardon  granted  February  10,  1916. 

CONDITIONAL  PARDONS  PROM  WISCONSIN  STATE  PRISON. 

Curt  Garden  Von  Kn ,ob  elsdorf—  Convicted  before  the  municipal 
court  of  Milwaukee  county,  on  the  eighth  day  of  March,  1915,  of 
the  crime  of  forgery  and  uttering  and  sentenced  to  Wisconsin 
state  prison  at  Waupun  for  the  term  of  two  years.  Penalty  was 
excessive.  The  prisoner  was  a  victim  of  circumstances.  Yon 
Knobelsdorf  was  of  excellent  German  stock  and  executive  clemency 
was  asked  by  prominent  and  influential  German  citizens.  A  con- 
ditional pardon  was  granted  March  26,  1915,  the  conditions  being 
that  he  reside  in  Milwaukee  county,  report  forthwith  to  the  chief 
of  police  of  Milwaukee,  conduct  himself  in  a  law-abiding  manner, 
and  that  he  further  report  to  the  chief  of  police  every  Saturday 
until  March  8,  1917,  and  abide  by  such  rules  and  regulations  as 
Emil  von  Schleinitz  may  provide. 

Von  Knobelsdorf  violated  the  conditions  of  his  parole  by  leav- 


134:  MESSAGES  TO  THE  LEGISLATURE 

ing  the  state  without  permission  and  taking  up  his  residence  with 
the  wife  of  a  man  whom  he  had  previously  wronged.  The  condi- 
tional pardon  was  revoked  June  24,  1915;  and  von  Knobelsdorf 
was  returned  to  the  state  prison  at  Waupun  to  complete  his 
original  sentence. 

A.  W.  White — Convicted  before  the  circuit  court  for  Portage 
county,  on  the  sixteenth  day  of  September,  1914,  of  the  crime  of 
embezzlement  and  sentenced  to  state  prison  at  Waupun  for  the 
term  of  three  years.  White  pleaded  guilty  to  the  offense  upon  the 
advice  of  his  attorney.  The  crime  committed  was  at  law  a  techni- 
cal one.  Before  conviction  he  made  full  restitution  to  his  employer 
for  the  amount  embezzled,  and  the  understanding  at  the  time  he 
plead  guilty  was  that  he  would  receive  a  sentence  but  the  sentence 
would  be  suspended  and  he  would  be  placed  on  probation.  This 
was  done.  He  violated  the  conditions  of  his  probation  by  becom- 
ing intoxicated.  It  would  appear  that  he  had  learned  his  lesson 
and  that  the  intent  of  the  judge  at  the  time  of  imposing  sentence 
will  be  best  subserved  by  granting  a  conditional  pardon.  Condi- 
tional pardon  was  granted  June  9,  1915,  the  conditions  being  that 
White  abstain  absolutely  from  the  use  of  intoxicating  liquors,  that 
he  conduct  and  demean  himself  as  a  honorable  and  law-abiding 
citizen. 

Bertha  Luther — Convicted  before  the  circuit  court  for  Waupaca 
county,  on  the  third  day  of  February,  1915,  of  the  crime  of  adultery 
and  sentenced  to  the  state  prison  at  Waupun  for  the  term  of  one 
year.  It  would  appear  that  she  had  been  sufficiently  punished,  the 
court  at  the  time  of  sentence  stated  that  the  husband  was  the 
principal  offender.  Conditional  pardon  granted  August  17,  1915, 
conditions  being  that  she  re-marry  Gustav  Luther  before  leaving 
prison  and  refrain  from  the  use  of  intoxicating  liquors. 

Gustav  Luther — Convicted  before  the  circuit  court  for  Waupaca 
county,  on  the  third  day  of  February,  1915,  of  the  crime  of  adultery, 
and  sentenced  to  the  state  prison  at  Waupun  for  the  term  of  three 
years.  It  is  believed  that  the  ends  of  justice  would  be  best  sub- 
served by  granting  this  conditional  pardon.  The  term  of  his  wife 
Bertha  Luther  is  about  completed  and  if  he  is  not  released  she  will 
become  a  public  charge.  Conditional  pardon  was  granted  August 
17,  1915,  conditions  being  that  before  leaving  prison  he  marry 
Bertha  Luther  and  abstain  absolutely  from  the  use  of  intoxicating 
liquor. 


SESSION  OF  19 16  135 

Leon  ^huicaltcr — Convicted  before  the  circuit  court  for  Grant 
county  on  the  25th  da}'  of  October,  1910,  of  the  crime  of  rape,  and 
sentenced  to  the  state  prison  at  Waupun  for  the  term  of  fourteen 
years.  From  facts  presented  at  the  pardon  hearing  it  was  deter- 
•  mined  that  all  of  the  circumstances  in  connection  with  the  case 
were  not  brought  out  at  the  trial.  For  this  reason  it  appeared  that 
the  sentence  was  excessive.  Conditional  pardon  was  granted  Oc- 
tober 14,  1915,  the  conditions  being  that  Showalter  abstain  from 
the  use  of  intoxicating  liquors,  that  he  keep  away  from  Lancaster 
and  Platteville,  Wisconsin,  and  that  he  should  not  molest  his 
wife  and  daughter. 

Curtis  Siegel — Convicted  before  the  circuit  court  for  Columbia 
county  on  the  eleventh  day  of  December,  1912,  of  the  crime  of  re- 
sisting an  officer  and  sentenced  to  state  prison  at  Waupun  for  the 
term  of  three  years.  The  evidence  discloses  the  fact  that  the  officer 
who  attempted  to  arrest  Siegel  was  unduly  rough  and  severe. 
This,  treatment  evidently  caused  Siegel  to  commit  the  crime  with 
which  he  was  charged.  Under  these  circumstances  the  punishment 
has  been  sufficient  and  on  October  14,  1915,  a  conditional  pardon 
was  granted,  the  conditions  being  that  Siegel  refrain  from  the  use 
of  all  intoxicating  liquors.  In  March,  1916,  complaint  was  made 
by  the  chief  of  police  of  Ripon,  Wisconsin,  that  Siegel  was  violating 
the  conditions  of  his  parole,  that  he  had  been  in  an  intoxicated  con- 
dition several  times  in  Ripon,  Wisconsin.  Siegel  was  given  a  hear- 
ing on  the  charge  and  on  April  7,  1916,  the  conditional  pardon 
was  revoked  and  upon  the  same  date  a  new  conditional  pardon  was 
granted,  the  conditions  being  that  Siegel  refrain  from  the  use  of 
intoxicating  liquors,  that  one  week  from  the  seventh  of  April,  1916, 
he  buy  a  ticket  to  Stockton,  Kansas  (Kansas  prohibiting  the  sale  of 
liquor)  where  he  had  an  aunt  who  owned  a  large  farm  and  who 
promised  to  give  him  employment.  That  upon  his  arrival  in  Stock- 
ton, Kansas,  he  advise  the  Governor  and  that  he  make  a  monthly 
report,  in  writing,  to  the  Governor  for  a  period  of  one  year. 

Frederick  J.  Wildes — Convicted  before  the  municipal  court  for 
Milwaukee  county,  on  the  twelfth  day  of  June,  1915,  of  the  crime 
of  embezzlement,  and  sentenced  to  the  state  prison  at  Waupun  for 
the  term  of  one  year.  FJxecutive  clemency  was  recommended  by 
Judge  Belden  of  Eacine,  the  trial  judge,  likewise  by  Judge  Backus 
of  Milwaukee.  A  letter  from  E.  C.  Kropp  Company  of  Racine 
whose  funds  were  embezzled  recommended  that  he  be  pardoned. 
Full  restitution  of  the  funds  taken  having  been  made,  on  November 


136  MESSAGES  TO  THE  LEGISLATURE 

11,  1915,  a  conditional  pardon  was  granted,  the  condition  being  that 
Wildes  shall  not  again  engage  in  the  loan  business. 

John  Dorsey — Convicted  before  the  municipal  court  for  Rock 
county,  on  the  twenty-ninth  day  of  September,  1914,  of  the  crime 
of  drunkenness  and  sentenced  to  the  state  prison  at  Waupun  for 
a  term  of  two  and  one-half  years.  It  would  appear  that  the  sen- 
tence was  excessive.  Conditional  pardon  granted  December  10, 

1915,  conditions  being  that  Dorsey  abstain  from  the  use  of  all 
intoxicating  liquors  and  conduct  himself  as  a  peaceable  and  law- 
abiding  citizen. 

Dora  Wellliouse — Convicted  before  the  municipal  court  for  Outa- 
gamie  county,  on  the  first  day  of  June,  1914,  of  the  crime  of  keeping 
house  for  unlawful  purposes  and  sentenced  to  the  state  prison  at 
Waupun  for  the  term  of  three  years.  It  was  represented  that  the 
health  of  Dora  Wellhouse  was  failing  rapidly.  Many  prominent 
citizens  requested  her  conditional  pardon.  On  February  10,  1916, 
a  conditional  pardon  was  granted,  the  conditions  being  that  she 
lead  a  moral  life  and  conduct  herself  as  a  good,  law-abiding  citizen. 

Annie  Sunderland — Convicted  before  the  circuit  court  for  Chip- 
pewa  county,  on  the  twenty- first  day  of  January,  1911,  of  the  crime 
of  murder  in  the  second  degree  and  sentenced  to  the  state  prison 
at  Waupun  for  the  term  of  fifteen  years.  The  matron  of  the  prison, 
the  secretary  of  Associated  Charities  at  Chippewa  Falls  and  the 
superintendent  of  the  Society  for  the  Friendless  all  recommended 
executive  clemency.  Believing  she  had  been  sufficiently  punished 
and  acting  upon  the  suggestions  of  those  who  were  personally  ac- 
quainted with  her  and  are  best  qualified  to  judge,  a  conditional 
pardon  was  granted  on  April  13,  1916,  the  conditions  being  that 
Annie  Sunderland  lead  a  moral,  upright  life  and  abstain  from  the 
use  of  alcoholic  liquors  and  devote  herself  to  her  family. 

Michael  J.  Peterson — Convicted  before  the  circuit  court  for 
Trempealeau  county,  on  the  seventh  day  of  January,  1913,  of  the 
crime  of  arson,  and  sentenced  to  state  prison  at  Waupun  for  the 
term  of  ten  years.  Petition  was  filed  signed  by  all  the  jurors  who 
sentenced  Peterson,  together  with  many  letters  from  prominent 
residents  of  Trempealeau  county,  requesting  executive  clemency. 
Believing  that  he  had  been  sufficiently  punished  and  that  in  the 
future  he  would  be  a  good  member  of  society,  making  a  home  for 
his  wife  and  children,  a  conditional  pardon  was  granted  April  13, 

1916,  the  conditions  being  that  he  abstain  from  the  use  of  alcoholic 
liquors,  devote  himself  to  the  support  of  his  family,  and  that  he 


SESSION  OF  1916  137 

conduct  and  demean  himself  as  a  good  and  law-abiding  citizen  and 
remain  in  Wisconsin  for  the  balance  of  the  term  of  his  prison 
sentence. 

Theodore  Dahljem — Convicted  before  the  Superior  court  for 
Douglas  county,  on  the  twelfth  day  of  August,  1915,  of  the  crime  of 
adultery,  and  sentenced  to  state  prison  at  Waupun  for  the  term  of 
two  years.  The  brother-in-law  of  Dahljem  is  a  prominent  citizen 
of  Minnesota  and  has  offered  Dahljem  an  excellent  position.  The 
wife  is  willing  to  forgive  and  forget  and  on  April  20,  1916,  a  con- 
ditional pardon  was  granted  in  order  that  the  family  might  be  re- 
united, the  conditions  being  that  Theodore  Dahljem  accept  the 
position  offered  by  his  brother-in-law  in  Minnesota,  that  he  return 
to  his  family,  support  them  and  lead  a  moral  upright  life. 

Zale  Miller — Convicted  before  the  circuit  court  for  Jefferson 
d'ounty,  on  the  nineteenth  day  of  July,  1916,  of  the  crime  of  larceny 
and  sentenced  to  the  state  prison  at  Waupun  for  the  term  of  three 
years.  The  offense  was  not  particularly  serious  and  the  sentence 
appeared  to  be  excessive  for  the  crime  committed.  A  conditional 
pardon  was  granted  on  August  10,  1916,  the  conditions  being  that 
Zale  Miller  abstain  from  the  use  of  all  intoxicating  liquors,  that  he 
report  each  month  to  B.  M.  Jostad,  state  probation  officer,  upon 
such  matters  and  at  such  time  as  Mr.  Jostad  may  require,  that  he 
conduct  and  demean  himself  as  a  peaceable  and  law-abiding  citizen. 
Charles  M.  Asbjorenson — Convicted  before  the  circuit  court  for 
Vernon  county,  on  the  twentieth  day  of  October,  1914,  of  the  crime 
of  burglary  and  sentenced  to  the  Wisconsin  state  prison  at  Waupun 
for  the  term  of  three  years.  Asbjorenson  was  convicted  of  breaking 
into  the  depot  at  Viroqua,  Wisconsin,  and  stealing  a  case  of  beer. 
He  had  held  responsible  positions  but  the  liquor  habit  seemed  to  be 
the  cause  of  his  downfall.  By  good  conduct  while  in  prison  he  had 
earned  his  parole.  Since  being  on  parole  his  conduct  has  been  good. 
Upon  the  representation  that  he  could  again  obtain  a  responsible 
position  in  the  tobacco  business  and  be  thus  better  enabled  to  sup- 
port his  wife  a  conditional  pardon  was  granted  August  21,  1916, 
the  conditions  being  that  Charles  M.  Asbjorenson  abstain  from  the 
use  of  all  intoxicating  liquors  and  demean  himself  as  a  peaceable 
and  law-abiding  citizen. 

Edward  Eckart — Convicted  before  the  circuit  court  for  Jefferson 
county,  on  the  thirteenth  day  of  April,  1878,  of  the  crime  of  mur- 
der in  the  first  degree  and  sentenced  to  the  Wisconsin  state  prison 
at  Waupun  for  the  term  of  his  natural  life.  The  story  of  Eckart's 


138  MESSAGES  TO  THE  LEGISLATURE 

crime  is  particularly  interesting.  In  the  early  days  Eckart  was  a 
diamond  merchant  in  South  Africa.  One  day  he  awoke  to  the 
fact  that  his  partner  had  run  away  with  all  of  the  worldly  goods 
belonging  to  the  firm.  He  became  discouraged  and  started  out  on 
the  life  of  a  hobo.  One  evening  while  eating  supper  with  a  com- 
panion by  the  side  of  a  railroad  track  in  Jefferson  County  a  third 
tramp  came  along  and  joined  them  in  the  evening  meal.  While 
visiting  around  the  camp  fire  after  supper  Eckart  discovered  that 
the  visitor  was  his  partner  of  bygone  days  in  the  diamond  fields 
of  South  Africa.  Waiting  until  the  man  had  gone  to  sleep  Eckart, 
with  a  small  hatchet,  committed  the  murder  with  which  he  was 
charged.  His  prison  record  has  been  exceptionally  good.  He  has 
been  on  parole  for  three  and  one-half  years  and  the  party  to  whom 
he  was  paroled,  the  chief  of  police  of  Waupun,  Wisconsin,  makes 
application  for  a  pardon.  On  October  12,  1916,  a  conditional  par-, 
don  was  granted,  the  conditions  being  that  Edward  Eckart  abstain 
from  the  use  of  liquor,  that  he  shall  not  go  in  the  vicinity  where 
Charles  Whitman,  his  companion  on  the  night  of  the  murder,  is 
employed. 

Ernest  Patzold — Convicted  before  the  circuit  court  for  Racine 
county,  on  the  twentieth  day  of  October,  1913,  of  the  crime  of 
murder  in  the  first  degree  and  sentenced  to  the  state  prison  at 
Waupun,  for  the  term  of  his  natural  life.  Patzold  is  totally  blind 
and,  therefore,  a  care  to  the  prison  officials,  being  unable  to  help 
himself.  The  daughter  is  well  able  to  provide  a  home  and  it 
appears  to  be  for  the  interest  of  all  concerned  that  he  be  granted 
a  conditional  pardon,  which  was  done  October  12,  1916,  the  con- 
ditions being  that  Ernest  Patzold  be  given  a  home  by  F.  H. 
Young  and  his  wife  and  that  they  provide  and  care  for  him  during 
the  balance  of  his  life. 

CONDITIONAL  PARDONS   FROM   WISCONSIN    STATE  REFORMATORY 

Harry  Haley — Convicted  before  the  municipal  court  for  Chip- 
pewa  county,  on  the  fourteenth  day  of  April,  1916,  of  the  crime  of 
larceny  and  sentenced  to  the  state  reformatory  at  Green  Bay  for  the 
term  of  one  year.  Harry  Haley  has  a  good  home  and  it  appears 
that  his  trouble  arose  largely  from  the  fact  that  he  was  permitted 
to  frequent  pool  and  billiard  halls.  Conditional  pardon  was  granted 
May  19,  1916,  the  conditions  being  that  he  report  monthly  to  Rever- 
end Hayward  of  Chippewa  Falls,  that  he  abstain  from  the  use  of  all 


SESSION  OF  1916  139 

intoxicating  liquors  and  remain  away  from  pool  and  billiard  halls 
or  any  place  where  intoxicating  liquors  are  sold. 

Wittiam  Carmichael — Convicted  before  the  municipal  court  for 
Dane  county,  on  the  twenty-ninth  day  of  April,  1916,  of  the  crime 
of  assault  with  intent  to  do  great  bodily  harm  and  sentenced  to 
the  Wisconsin  state  reformatory  at  Green  Bay  for  the  term  of  one 
year.  It  was  represented  that  CarmichaePs  character  previous  to 
the  commitment  of  this  crime  was  excellent  and  that  his  mother 
was  very  poor  and  needed  his  support.  Conditional  pardon  was 
granted  August  4,  1916,  the  conditions  being  that  he  conduct  and 
demean  himself  as  a  peaceable,  law-abiding  citizen  and  refrain  from 
any  attempt  to  do  bodily  harm  to  any  person.  . 

CONDITIONAL  PARDONS  FROM  INDUSTRIAL  SCHOOL  FOR  GIRLS 

Elida  Maria  Malun — Convicted  before  the  county  court  for  Eau 
Claire  county,  on  the  fifteenth  day  of  April,  1913,  of  the  crime  of 
being  an  incorrigible  person,  and  sentenced  to  the  industrial  school 
for  girls  for  the  full  period  of  her  minority.  Many  letters  received 
from  prominent  Eau  Claire  residents  requesting  executive  clemency 
on  the  ground  that  the  young  lady  had  been  sufficiently  punished 
and  had  had  the  necessary  lesson  taught  to  her.  Conditional 
pardon  was  granted  October  14,  1915,  the  conditions  being  that  she 
return  to  her  home  and  report  each  Saturday  upon  such  matter* 
as  may  be  required  by  John  Gaustad. 

CONDITIONAL  PARDONS  FROM  INDUSTRIAL  SCHOOL  FOR  BOYS 

Julian  Novak — Convicted  before  the  juvenile  court  for  Mil- 
waukee county,  on  the  fifth  day  of  February,  1915,  of  being  a  de- 
linquent and  sentenced  to  the  industrial  school  for  boys  at  Wauke- 
sha  for  the  term  of  his  full  minority.  Many  influential  people 
petitioned  the  governor  to  grant  executive  clemency.  The  father 
signified  his  intention  of  giving  the  boy  a  college  education.  On 
Xovember  9,  1915,  a  conditional  pardon  was  granted,  the  conditions 
being  that  he  report  once  each  week  to  Keverend  Charles  B. 
Moulinier,  S.  J.,  of  Marquette  universit^y. 

Peter  Vancettler — Convicted  before  the  juvenile  court  for  Mil- 
waukee county,  on  the  thirteenth  day  of  August,  1915,  of  being  an 
incorrigible  and  sentenced  to  the  industrial  school  for  boys  at 
Waukesha  for  the  full  period  of  his  minority.  It  was  represented 


140  MESSAGES  TO  THE  LEGISLATURE 

that  if  executive  clemency  was  extended  to  the  boy  the  parents 
would  see  that  he  attended  school  regularly.  On  February  16, 
1916,  a  conditional  pardon  was  granted,  the  conditions  being  that 
he  return  to  his  parents,  attend  school  regularly  and  that  his  parents 
make  a  monthly  report  concerning  his  conduct  and  his  employment 
to  Judge  Eschweiler  to  the  juvenile  court  of  Milwaukee  county. 

CONDITIONAL  PARDONS  FROM  MILWAUKEE  COUNTY  HOUSE  OF 
CORRECTION 

D.  Watson  Cromberger — Convicted  before  the  municipal  court 
for  Milwaukee  county,  on  the  twenty-sixth  day  of  November,  1913, 
of  the  crime  of  forgery  and  sentenced  to  the  Milwaukee  county 
house  of  correction  for  the  term  of  three  years.  It  was  represented 
that  Cromberger  was  in  poor  health  and  according  to  the  statement 
of  the  physician  who  had  examined  him  further  imprisonment 
would  greatly  impair  his  physical  condition.  On  May  13,  1915,  a 
conditional  pardon  was  granted,  the  conditions  being  that  he  abstain 
from  intoxicating  liquors,  conduct  and  demean  himself  as  a  peace- 
able and  law-abiding  citizen,  immediately  take  up  his  residence  with 
his  mother  and  live  with  her  until  his  term  expired.  That  he  make 
a  report  in  writing  every  Saturday  until  the  expiration  of  his 
term  concerning  his  life  and  conduct,  that  the  report  meet  the  ap- 
proval of  his  mother  and  that  it  be  filed  with  Eeverend  Paul  P. 
Jenkins.  Further  on  the  first  day  of  each  month  that  he  report  in 
writing  to  the  board  of  control  upon  such  matters  as  may  be -re- 
quired by  Eeverend  Jenkins,  the  report  to  meet  the  approval  of 
Eeverend  Jenkins. 

Mabel  Smith — Convicted  before  the  municipal  court  for  Mil- 
waukee county,  on  the  twentieth  day  of  February,  1915,  and  sen- 
tenced to  the  Milwaukee  county  house  of  correction  for  the  crime  of 
burglary,  for  the  term  of  three  years.  It  was  represented  that  there 
were  extenuating  circumstances  in  connection  with  the  case  and  on 
February  10,  1916,  a  conditional  pardon  was  granted,  the  conditions 
being  that  Mabel  Smith  return  to  Chicago  and  live  with  her 
husband. 

David  Harris — Convicted  before  the  municipal  court  for  Mil- 
waukee county,  on  the  ninth  day  of  February,  1916,  of  the  crime 
of  accessory  after  the,  fact  to  larceny  from  the  person  and  sen- 
tenced to  the  Milwaukee  county  house  of  correction  for  the  term 
of  one  year.  It  was  represented  that  the  family,  was  very  poor 


SESSION  OF  1916  141 

and  needed  the  support  of  Harris.  On  August  10,  1916,  a  condi- 
tional pardon  was  granted,  the  conditions  being  that  he  conduct 
and  demean  himself  as  a  peaceable,  law-abiding  citizen,  that  he 
follow  an  honest  occupation,  support  his  family  and  report  each 
month  to  Judge  Backus. 

Claus  Johnson — Convicted  before  the  municipal  court  for  Mil- 
waukee county,  on  the  sixth  day  of  January,  1916,  of  the  crime 
of  larceny  from  the  person,  and  sentenced  to  the  Milwaukee  county 
house  of  correction  for  the  term  of  one  year.  Johnson  was  intoxi- 
cated when  he  committed  this  crime.  His  family  is  very  needy 
and  is  being  supported  by  the  state.  On  August  10,  1916,  a  con- 
ditional pardon  was  granted,  the  condition  being  that  he  abstain 
from  alcoholic  liquor,  and  that  he  report  on  Saturday  of  each  week 
to  Reverend  S.  P.  Todd,  with  a  full  statement  of  his  conduct  and 
that  he  further  deliver  all  of  his  wages  to  his  wife. 

Herman  C.  Dehn — Convicted  before  the  municipal  court  for  Mil- 
waukee county,  on  the  twenty-ninth  day  of  January,  1916,  of  the 
crime  of  forgery  and  sentenced  to  the  Milwaukee  county  house  of 
correction  for  the  term  of  two  years.  It  was  represented  that  the 
family  were  badly  in  need  of  his  support  and  that  a  position  had 
been  obtained  for  him.  His  former  employers  spoke  well  of  him. 
On  October  6,  1916,  a  conditional  pardon  was  granted,  the  condi- 
tion being  that  Herman  C.  Dehn  return  to  his  home  and  support 
his  wife  and  children,  that  he  be  a  faithful  husband,  sober  and  in- 
dustrious, and  that  he  be  in  charge  of  the  probation  officer  of  the 
municipal  court  of  Milwaukee  county. 

CONDITIONAL  PARDONS  FROM  COUNTY  JAILS 

Addie  Knox — Convicted  before  the  municipal  court  for  Mil- 
waukee county,  on  the  thirteenth  day  of  March,  1915,  of  the 
crime  for  forgery  and  sentenced  to  the  county  jail  of  Milwaukee 
county  for  the  term'  of  one  year.  It  was  represented  that  full 
restitution  has  been  made  for  the  wrong  committed,  that  the 
defendant  had  been  sufficiently  punished  and  the  husband  was 
anxious  to  have  her  returned  to  his  home.  On  July  27,  1915, 
a  conditional  pardon  was  granted,  the  conditions  being  that  Addie 
Knox  abstain  from  intoxicating  liquors  and  report  once  each  week 
to  District  Attorney  Zabel  for  the  balance  of  the  term  for  which 
sentenced. 


142  MESSAGES  TO  THE  LEGISLATURE 

Pardon  revoked  October  27,  1915,  for  the  reasons  that  the  con- 
ditions of  the  pardon  were  violated. 

Ralf  Cooper — Convicted  before  the  municipal  court  for  Dane 
county,  on  the  eleventh  day  of  February,  1915,  of  the  crime  of 
operating  a  confidence  game,  and  sentenced  to  pay  a  fine  of  two 
hundred  dollars  and  costs  and  default  thereof  to  imprisonment  in 
the  Dane  county  jail  for  the  term  of  eight  months.  It  was  repre- 
sented that  full  restitution  had  been  made  to  the  bank  for  the 
crime  committed  and  that  his  people  desired  his  return  to  Chicago. 
On  August  24,  1915,  a  conditional  pardon  was  granted,  the  condi- 
tions being  that  he  return  immediately  to  Chicago. 

Floyd  Gibbs — Convicted  before  the  justice  court  for  Calumet 
county  on  the  ninth  day  of  February,  1916,  of  the  crime  of  petit 
larceny  and  sentenced  to  the  Calumet  county  jail  for  the  term  of 
ninety  days.  Pardon  was  requested  by  the  district  attorney  in  or- 
der that  he  might  marry  Theresa  Cosz  before  the  birth  of  her 
child.  On  February  21,  1916,  conditional  pardon  was  granted  to 
take  effect  March  10,  1916,  the  conditions  being  that  he  marry 
Theresa  Cosz,  support,  maintain  and  care  for  her.  Further,  that 
he  conduct  and  demean  himself  as  a  peaceable,  law-abiding  citizen. 

COMMUTATIONS  OF  SENTENCE  FROM  THE  WISCONSIN 
STATE  PRISON 

Harry  Passno — Convicted  before  the  county  court  for  Marinette 
county,  on  the  nineteenth  day  of  September,  1914,  of  the  crime 
of  larceny,  and  sentenced  to  state  prison  at  Waupun  for  the  term 
of  eighteen  months.  In  order  that  Passno  might  be  eligible  to 
parole  sentence  was  commuted  to  one  year,  on  March  6,  1915. 

John  Strub — Convicted  before  the  county  court  of  Marinette 
county,  on  the  twenty-seventh  day  of  October,  1914,  of  the  crime 
of  assault  to  do  great  bodily  harm,  and  sentenced  to  the  state  prison 
at  Waupun  for  the  term  of  two  years.  In  order  that  Strub  might 
be  eligible  for  parole  sentence  was  commuted  to  one  year  on  March 
26,  1915. 

Peter  0.  Skulhus — Convicted  before  the  circuit  court  for  Eau 
Claire  county,  on  the  twenty-fifth  day  of  September,  1914,  of  the 
crime  of  assault  with  intent  to  rape  and  sentenced  to  the  Wiscon- 
sin state  prison  for  the  term  of  two  years.  In  order  that  Skulhus 
might  be  eligible  for  parole  sentence  was  commuted  to  one  year, 
April  14,  1915. 


SESSION  OF  1916  143 

Phillipjn  Roberti — Convicted  before  the  circuit  court  for  Mara- 
thon county,  on  the  twenty-third  day  of  December,  1911,  of  the 
crime  of  murder  in  the  first  degree,  and  sentenced  to  the  state 
prison  at  Waupun  for  the  term  of  his  natural  life.  On  June  9, 
1915,  sentence  was  commuted  to  fourteen  years  for  the  reason  that 
the  murder  of  which  he  was  convicted  as  accessory  before  the  act 
appears  to  have  been  planned  by  Imperio,  that  Imperio  was  the 
leader  and  Eoberti  was  merely  his  tool,  that  Roberti  made  no 
preparation  to  commit  the  crime  but  merely  in  what  he  did  was 
obeying  the  orders  of  Imperio. 

Williard  Johnson — Convicted  before  the  municipal  court  for 
Brown  county,  on  the  thirtieth  day  of  August,  1912,  of  the  crime 
of  assault  regardless  of  life  and  sentenced  to  the  state  prison  at 
Waupun  for  the  term  of  eight  years.  On  July  15,  1915,  the  sen- 
tence was  commuted  to  six  years  for  the  reason  that  the  crime 
was  committed  during  a  family  quarrel  and  there  is  every  reason 
to  believe  there  was  no  premeditated  intent. 

Cicil  Ridgeivay — Convicted  before  the  municipal  court  for  Ra- 
cine county,  on  the  twenty-sixth  day  of  December,  1913,  of  the 
crime  of  burglary,  and  sentenced  to  the  state  prison  at  Waupun 
for  the  term  of  nine  years.  On  August  10,  1915,  sentence  was 
commuted  to  three  years  for  the  reason  that  Rigdeway  was  the 
only  support  of  a  widowed  aunt  and  a  grandmother,  and  for  the 
further  reason  that  the  sentence  was  excessive. 

Walter  Bartlett — Convicted  before  the  circuit  court  for  Man- 
itowoc  county,  on  the  sixteenth  day  of  January,  1915,  of  the  crime 
of  adultery  and  sentenced  to  the  state  prison  at  Waupun  for  the 
term  of  two  years.  In  order  that  Bartlett  might  be  eligible  to 
parole  sentence  was  commuted  on  August  10,  1915,  to  one  year, 
for  the  reason  that  'his  mother  was  very  ill  and  needed  his  care. 
This  crime  was  his  first  offense  and  while  in  prison  he  made  a  good 
record. 

A.  W.  Huebing — Convicted  before  the  circuit  court  for  Sauk 
county,  on  the  twenty-seventh  day  of  February,  1914,  of  the  crime 
of  embezzlement  and  sentenced  to  the  state  prison  at  Waupun  for 
the  term  of  four  years.  On  August  12,  1915,  the  sentence  was 
commuted  to  three  years  in  order  that  he  might  be  eligible  to  parole 
for  the  reason  that  his  family  was  in  destitute  circumstances  and 
the  wife  and  children  needed  his  support.  Recommendation  made 
to  the  board  of  control  that  parole  be  granted  on  condition  that 


144  MESSAGES  TO  THE  LEGISLATURE 

Huebing  support  his  family  and  refrain  from  the  use  of  all  in- 
toxicating liquors. 

Thomas  Vallier — Convicted  before  the  municipal  court  for  Mil- 
waukee county,  on  the  eleventh  day  of  January,  1907,  of  the  crime 
of  rape  and  sentenced  to  the  Wisconsin  state  prison  for  the  term 
of  twenty-five  years.  On  October  14,  1915,  sentence  was  commuted 
to  fifteen  years  in  order  that  Vallier  might  be  eligible  to  parole. 
If  he  were  to  await  eligibility  for  parole  under  the  original  sentence 
he  would  have  reached  an  age  when  it  would  be  difficult  for  him 
to  make  a  livelihood.  It  is,  therefore,  better  to  give  him  a  chance 
to  secure  employment  now  in  order  that  he  may  maintain  himself 
and  daughter. 

William  Schmidt — Convicted  before  the  circuit  court  for  Mara- 
thon county,  on  the  twenty-eighth  day  of  February,  1914,  of  the 
crime  of  murder  in  the  second  degree  and  sentenced  to  the  Wis- 
consin state  prison  for  the  term  of  fourteen  years.  On  October 
14,  1915,  sentence  was  commuted  to  ten  years,  for  the  reason  that 
it  was  proven  that  Schmidt  had  no  intention  of  committing  a  crime. 
He  was  charged  with  having  set  a  set  gun  in  his  orchard  for  the 
protection  of  his  fruit.  On  December  14,  1916,  the  case  was  re- 
opened and  a  further  commutation  to  nine  years  was  granted,  for 
the  reason  that  physical  condition  of  Schmidt  is  in  such  a  condition 
as  to  demand  medical  attention.  This  commutation  makes  him 
eligible  for  parole  in  the  near  future. 

Thomas  J.  Burns — Convicted  before  the  municipal  court  for 
Rock  county,  on  the  thirteenth  day  of  February,  1911,  of  the  crime 
of  rape  and  sentenced  to  the  state  prison  at  Waupun  for  the  term 
of  ten  years.  On  November  11,  1915,  sentence  was  commuted  to 
eight  years,  for  the  reason  that  in  view  of  all  the  facts  sentence 
was  excessive. 

Fred  Girard — Convicted  before  the  circuit  court  for  Eau  Claire 
county,  on  the  twenty-seventh  clay  of  April,  1915,  of  the  crime 
of  adultery  and  sentenced  to  the  state  prison  at  Waupun  for  the 
term  of  two  years.  On  November  16,  1915,  upon  recommendation 
of  the  board  of  control,  sentence  was  commuted  to  one  year,  for 
the  reason  that  his  family  needed  his  support  and  in  the  belief 
that  he  had  been  sufficiently  punished  it  would  be  better  for  all 
concerned  to  commute  the  sentence  so  that  he  might  be  eligible 
for  parole. 

William  Gerses — Convicted  before  the  circuit  court  for  Ashland 


SESSION  OF  1916  145 

county,  on  the  twenty-eighth  day  of  September,  1911,  of  the  crime 
of  murder  in  the  second  degree,  and  sentenced  to  the  Wisconsin 
state  prison  at  Waupun  for  the  term  of  fifteen  years.  On  Decem- 
ber 10,  1915,  sentence  was  commuted  to  seven  years,  for  the  reason 
that  the  charge  in  this  case  should  have  been  manslaughter  in  the 
second  degree. 

Lutlier  Van  De  Wall — Convicted  before  the  municipal  court  for 
Milwaukee  county,  on  the  twenty -third  day  of  October,  1914,  of 
the  crime  of  forgery  and  sentenced  to  the  state  prison  at  Waupun 
for  the  term  of  three  years.  On  December  10,  1915,  the  sentence 
was  commuted  to  two  years,  in  order  to  permit  of  parole. 

Albert  Maniewicz — Convicted  before  the  municipal  court  for 
Milwaukee  county,  on  the  twenty-fourth  day  of  January,  1907,  of 
the  crime  of  murder  in  the  second  degree  and  sentenced  to  the 
state  prison  at  Waupun  for  the  term  of  twenty  years.  On  Decem- 
ber 10,  1915,  sentence  was  commuted  to  eighteen  years,  in  order 
that  the  board  of  control  might  grant  a  parole,  suggestion  being 
made  that  parole  be  granted  on  condition  that  Maniewicz  refrain 
from  the  use  of  all  intoxicating  liquors  and  make  a  home  for  his 
wife. 

Joe  Wagner — Convicted  before  the  municipal  court  for  Milwau- 
kee county,  on  the  twenty-third  day  of  January,  1911,  of  the  crime 
of  murder  in  the  second  degree  and  sentenced  to  the  state  prison 
at  Waupun  for  the  term  of  fourteen  years.  On  December  10,  1915, 
sentence  was  commuted  to  seven  years  for  the  reason  that  had 
W'agned  offered  a  defense  charge  would  not  have  been  more  serious 
than  that  of  manslaughter  in  the  second  degree. 

Fred  Hartman — Convicted  before  the  circuit  court  for  Wash- 
burn  county,  on  the  twelfth  day  of  May,  1909,  of  the  crime  of 
murder  in  the  first  degree  and  sentenced  to  state  prison  at  Waupun 
for  the  term  of  his  natural  life.  On  December  10,  1915,  sentence 
was  commuted  to  fifteen  years  for  the  reason  that  charge  was  too 
great  for  crime  committed.  L.  M.  Mead,  district  attorney  at  the 
time  of  conviction,  joined  in  the  request  for  commutation  of  sen- 
tence. 

Albert  H.  Bitter — Convicted  before  the  municipal  court  for  Mil- 
waukee county,  on  the  twenty-fourth  day  of  October,  1912,  of  the 
crime  of  abduction  and  sentenced  to  the  state  prison  at  Waupun 
for  the  term  of  fifteen  years.  On  December  10,  1915,  sentence  was 
commuted  to  six  years,  for  the  reason  that  Bitter  has  been  suf- 


146  MESSAGES  TO  THE  LEGISLATURE 

ficiently  punished,  family  in  straightened  circumstances  and  needed 
his  support.  District  attorney  and  many  prominent  citizens  rec- 
ommended executive  clemency. 

Albert  Swansbn- — Convicted  before  the  circuit  court  for  Oconto 
county,  on  the  twenty-fourth  day  of  November,  1896,  of  the  crime 
of  murder  in  the  first  degree  and  sentenced  to  state  prison  at 
Waupun  for  the  term  of  his  natural  life.  On  December  13,  1915, 
sentence  was  commuted  to  twenty  years  upon  the  recommendation 
of  the  judge  who  presided  at  the  trial,  who  stated  that  penalty 
should  be  for  murder  in  the  second  degree. 

//.  //.  Robertson — Convicted  before  the  municipal  court  for 
Rock  county,  on  the  seventeenth  day  of  July,  1915,  of  the  crime 
of  forgery  and  sentenced  to  state  prison  at  Waupun  for  the  term 
of  eighteen  months.  On  November  10,  1915,  sentence  was  com- 
muted to  one  year  for  the  reason  that  his  family  was  very  much 
in  need  of  his  assistance.  With  the  further  recommendation  to  the 
board  of  control  that  Robertson  be  paroled  at  the  end  of  six  months. 

Jack  Bartle — Convicted  before  the  circuit  court  for  La  Crosse 
county,  on  the  seventh  day  of  September,  1912,  of  the  crime  of 
rape  and  sentenced  to  Wisconsin  state  prison  at  Waupun  for  the 
term  of  fifteen  years.  On  January  4,  1916,  sentence  was  com- 
muted to  six  and  one-half  years,  in  order  to  permit  of  parole. 

Ignazio  Giangrasso — Convicted  before  the  municipal  court  for 
Milwaukee  county,  on  the  twenty-eighth  day  of  June,  1911,  of 
the  crime  of  murder  in  the  second  degree  and  sentenced  to  the 
Wisconsin  state  prison  at  Waupun  for  the  term  of  twenty-five 
years.  On  January  13,  1916,  sentence  was  commuted  to  fifteen 
years,  for  the  reason  that  it  appears  that  the  deceased  in  this 
case  was  the  aggressor  and  there  is  some  evidence  of  self-defense. 

Ernest  A.  Mitchell — Convicted  before  the  municipal  court  for 
Outagamie  county,  on  the  thirtieth  day  of  November,  1914,  of 
the  crime  of  forgery,  and  sentenced  to  the  state  prison  at  Wau- 
pun for  the  term  of  five  years.  On  January  13,  1916,  sentence 
was  commuted  to  two  years,  for  the  reason  that  sentence  imposed 
was  excessive. 

Hugh  Sorenson — Convicted  before  the  circuit  court  for  Polk 
county,  on  the  twenty-fifth  day  of  February,  1913,  of  the  crime 
of  murder  in  the  first  degree  and  sentenced  to  the  state  prison 
at  Waupun  for  the  term  of  his  natural  life.  On  January  1:5. 
1916,  sentence  was  commuted  to  fourteen  years,  for  the  reason 


SESSION  OF  1916  147 

that  it  appears  that  at  the  time  the  crime  was  committed  Soren- 
son  was  too  drunk  to  premeditate  murder. 

Adelbert  I.  Markee — Convicted  before  the  circuit  court  for  Mon- 
roe count}',  on  the  twenty-seventh  day  of  July,  1915,  of  the  crime 
of  embezzlement,  and  sentenced  to  the  state  prison  at  Waupun  for 
the  term  of  three  years.  On  February  9,  1916,  sentence  was  com- 
muted to  one  year  for  the  reason  that  it  is  the  belief  that  the 
man  had  been  sufficiently  punished.  He  has  a  large  family  in 
destitute  circumstances.  The  board  of  control  recommended  a 
commutation  of  sentence  in  order  to  permit  parole. 

Grace  Green,  Esther  Halcro  and  Louise  Nelson— Convicted  be- 
fore the  circuit  court  for  Bock  county,  on  the  twenty-third  day  of 
October,  1915,  of  the  crime  of  grand  larceny  and  sentenced  to  the 
state  prison  at  Waupun  for  the  term  of  eighteen  months.  On 
February  16,  1916,  sentence  was  commuted  to  one  year  upon  rec- 
ommendation of  Judge  Grimm  who  presided  at  the  trial  as  well 
as  warden  Town,  for  the  reason  that  sentence  was  deemed  excessive. 

Frank  Kavanaugh — Convicted  before  the  municipal  court  of  Mil- 
waukee county,  on  the  twenty-second  day  of  May,  1914,  of  the 
crime  of  manslaughter  and  sentenced  to  the  state  prison  at  Wau- 
pun for  the  term  of  five  years.  On  March  9,  1916,  sentence  was 
commuted  to  four  years,  for  the  reason  that  sentence  was  ex- 
cessive for  the  crime  committed. 

John  Omnischinski — Convicted  before  the  municipal  court  for 
Winnebago  county,  on  the  tenth  day  of  July,  1914,  of  the  crime 
of  assault  with  intent  to  kill  and  murder  and  sentenced  to  the 
state  prison  at  Waupun  for  the  term  of  four  years.  On  March 
9,  1916,  sentence  was  commuted  to  three  years.  The  judge  and 
district  attorney  who  presided  and  prosecuted  at  the  trial  recom- 
mended clemency,  for  the  reason  that  his  four  minor  children 
needed  a  father's  care. 

Ernest  Buteke — Convicted  before  the  municipal  court  for  Mil- 
waukee county,  on  the  twenty-eighth  day  of  May,  1915,  of  the 
crime  of  embezzlement  and  sentenced  to  the  state  prison  at  Wau- 
pun for  the  term  of  three  years.  On  April  7,  1916,  sentence  was 
commuted  to  eighteen  months  to  permit  of  parole,  for  the  reason 
that  his  wife  and  children  were  in  straightened  circumstances  and 
needed  their  protector's  support. 

Frank  Nelczynski — Convicted  before  the  circuit  court  of  Port- 
age county,  on  the  sixteenth  day  of  March,  1910,  of  the  crime  of 


148  MESSAGES  TO  THE  LEGISLATURE 

murder  in  the  second  degree  and  sentenced  to  the  state  prison  at 
Waupun  for  the  term  of  fifteen  years.  On  April  13,  1916,  sen- 
tence was  commuted  to  ten  years,  and  board  of  control  recom- 
mended to  parole  Nelczynski.  He  had  been  a  model  prisoner, 
and  believe  he  has  been  sufficiently  punished.  His  mother  in  need 
of  his  assistance. 

Carl  Boek — Convicted  before  the  circuit  court  for  Columbia 
county,  on  the  fifteenth  day  of  August,  1905,  of  the  crime  of  mur- 
der in  the  first  degree  and  sentenced  to  the  state  prison  at  Wau- 
pun for  the  term  of  his  natural  life.  On  April  13,  1916,  sentence 
was  commuted  to  twenty  years.  The  district  attorney  who  prose- 
cuted appeared  as  the  attorney  for  Boek  requesting  clemency.  It 
appears  that  the  crime  was  not  premeditated  and  it  is  believed 
that  he  has  been  sufficiently  punished. 

Jack  Martinson — Convicted  before  the  circuit  court  for  St. 
Croix  county,  on  the  twenty-eighth  day  of  September,  1908,  of 
the  crime  of  rape  and  sentenced  to  Wisconsin  state  prison  at 
Waupun  for  the  term  of  twenty-five  years.  On  April  13,  1916, 
sentence  was  commuted  to  fourteen  years.  Lester  Manson,  coun- 
sel for  the  defendant,  makes  the  statement  that  the  woman  raped 
was  in  the  saloon  with  the  defendant  and  that  the  defendant  was 
in  an  intoxicated  condition  at  the  time.  Under  all  the  circum- 
stances, the  penalty  of  fourteen  years  is  sufficient. 

Bud  Stanley — Convicted  before  the  circuit  court  of  Langlade 
county,  on  the  twelfth  day  of  May,  1913,  of  the  crime  of  man- 
slaughter in  the  second  degree  and  sentenced  to  the  state  prison 
at  Waupun  for  the  term  of  seven  years.  On  May  10,  1916,  sen- 
tence was  commuted  to  six  years,  for  the  reason  that  Stanley  was 
in  poor  health,  his  eyes  are  steadily  failing  him,  and  added  to 
this  his  aged  mother  has  sustained  several  fractures  to  one  of 
her  arms  and  owing  to  her  age  the  bones  do  not  knit.  She  has 
no  one  to  support  her  and  needs  Stanley  badly.  In  view  of 
his  excellent  prison  record  sentence  was  commuted  in  order  to 
permit  a  parole. 

Walter  Tntlewski — Convicted  before  the  municipal  court  for 
Kenosha  county,  on  the  twenty-third  day  of  October,  1915,  of  the 
crime  of  nonsupport  and  sentenced  to  the  state  prison  at  Waupun 
for  the  term  of  two  years.  May  16,  1916,  sentence  was  commuted 
to  one  and  one-half  years,  in  order  to  permit  of  parole.  Tutlew- 
ski  has  a  large  family,  the  family  being  scattered,  and  in  order 


SESSION  OP  1916  149 

they  may  return  and  be  supported  by  the  father  sentence  is 
commuted. 

Anton  Brunner — Convicted  before  the  municipal  court  of  Mani- 
towoc  county,  on  the  seventh  day  of  October,  1915,  of  the  crime 
of  adultery,  and  sentenced  to  the  Wisconsin  state  prison  for  the 
term  of  two  years  and  ten  months.  On  August  10,  1916,  sen- 
tence was  commuted  to  two  years  for  the  reason  that  under  the 
circumstances  the  sentence  was  too  severe. 

Anton  Novak — Convicted  before  the  municipal  court  for  Mani- 
towoc  county  on  the  thirty-first  day  of  July,  1913,  of  the  crime 
of  assault  with  intent  to  kill  and  murder,  and  sentenced  to  the 
state  prison  at  Waupun  for  the  term  of  eight  years.  On  October 
12,  1916,  sentence  was  commuted  to  four  years  for  the  reason 
that  there  was  evidence  to  show  that  Novak  armed  himself  in 
self-defense  and  for  this  reason  sentence  was  too  severe. 

Frank  Le  Roy  Evanson — Convicted  before  the  municipal  court 
for  Milwaukee  county  on  the  tenth  day  of  November,  1915,  of 
the  crime  of  assault  and  robbery  and  sentenced  to  the  State 
prison  at  Waupun  for  the  term  of  three  years.  On  October  28, 
1916,  sentence  was  commuted  to  two  years  in  order  to  allow 
parole.  Evanson  has  developed  tuberculosis  and  sentence  is  com- 
muted to  allow  his  relatives  to  give  him  the  proper  care. 

William  Flaherty — Convicted  before  the  circuit  court  for  Lin- 
coln county  on  the  twelfth  day  of  April,  1915,  of  the  crime  of 
larceny  from  the  person,  and  sentenced  to  the  state  prison  at 
Waupun  for  the  term  of  seven  years.  On  December  14,  1916, 
sentence  was  commuted  to  four  years,  the  judge  who  sentenced 
him  recommending  that  sentence  be  commuted. 

John  Murray — Convicted  before  the  municipal  court  for  Brown 
county,  on  the  fourth  day  of  November,  1912,  of  the  crime  of 
rape  and  sentenced  to  the  state  prison  at  WTaupun  for  the  term 
of  thirty-five  years.  On  December  14,  1916,  sentence  was  com- 
muted to  twenty  years  for  the  reason  that  the  sentence  was  ex- 
cessive and  for  the  further  reason  that  if  Murray  had  been  com- 
pelled to  serve  the  full  sentence  he  would  be  so  old  as  to  be- 
come a  public  charge. 

Frank  Branden  Brool- — Convicted  before  the  circuit  court  for 
Portage,  special  for  Wood  county  on  the  twenty-third  day  of  June, 
1913,  of  the  crime  of  rape  and  sentenced  to  state  prison  at 
Waupun  for  the  term  of  fifteen  years.  On  December  14,  1916, 


150  MESSAGES  TO  THE  LEGISLATURE 

sentence  was  commuted  to  five  years  for  the  reason  that  the  dis- 
trict attorney  who  prosecuted  the  case  was  under  a  misappre- 
hension as  to  the  character  of  the  girl  against  whom  the  offense 
was  committed. 

Stephen  Bromley — Convicted  before  the  circuit  court  for  Taylor 
county,  on  the  seventh  day  of  January,  1907,  of  the  crime  of 
murder  in  the  first  degree  and  sentenced  to  the  state  prison  at 
Waupun  for  the  term  of  his  natural  life.  On  December  14,  191(i. 
sentence  was  commuted  to  eighteen  years,  for  the  reason  that  tho 
offense  committed  was  not  more  serious  than  murder  in  the  sec- 
ond degree.  Bromley  shot  the  deceased  to  escape  physical  in- 
jury to  himself. 

John  J.  Young — Convicted  before  the  circuit  court  for  Green 
county,  on  the  twenty-first  day  of  February,  1916,  of  the  crime 
of  assault  with  intent  to  murder  and  sentenced  to  the  state  prison 
;it  Waupun  for  the  term  of  five  years.  On  November  23,  1915, 
sentence  was  commuted  to  two  years,  the  district  attorney  and 
judge  who  had  charge  of  the  case  recommending  that  sentence 
be  commuted  in  order  to  permit  of  parole  after  February  21, 
1917. 

Arthur  Young — Convicted  before  the  circuit  court  for  Mara- 
thon county  on  the  twenty-first  day  of  October,  1903,  the  crime 
of  murder  in  the  first  degree  and  sentenced  to  the  state  prison  at 
Waupun  for  the  term  of  his  natural  life.  On  December  20,  1910. 
sentence  was  commuted  to  twenty-five  years,  for  the  reason  that 
the  original  sentence  was  excessive,  he  should  have  been  convicted 
of  murder  in  the  second  degree. 

COMMUTATIONS  OF  SENTENCE  FROM  THE  WISCONSIN 
STATE  REFORMATORY 

Bayles  Owen — Convicted  before  the  municipal  court  of  Dane 
county,  on  the  sixth  day  of  May,  1916,  of  the  crime  of  burglary 
in  the  nighttime  and  sentenced  to  the  state  reformatory  at  Green 
Bay  for  the  term  of  one  year.  On  August  10,  1916,  sentence  was 
commuted  to  six  months  because  of  his  youth  and  inexperience 
and  his  previous  good  character,  and  the  further  fact  that  his 
family  bear  an  excellent  reputation. 


SESSION  OF  1916  151 

Carol  Standiford — Convicted  before  the  circuit  court  for  Ver- 
non  county,  on  the  sixteenth  day  of  March,  1916,  of  the  crime 
of  aiding  in  concealing  stolen  property  and  sentenced  to  the 
state  reformatory  at  Green  Bay  for  the  term  of  one  year.  On 
August  11,  1916,  sentence  was  commuted  to  six  months  in  order 
that  it  might  be  possible  for  him  to  enter  school  in  the  fall 
and  for  the  further  reason  that  this  was  his  first  offense  and 
his  mother  is  partly  dependent  upon  him  for  support. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 
December  31,  1916. 


EXECUTIVE  COMMUNICATIONS 

To  the  Honorable,  the  Legislature: 

Pursuant  to  the  requirements  of  law,  I  have  the  honor  to  re- 
port the  following  expenditures  from  the  governor's  contingent 
fund,  during  the  period  beginning  on  the  first  day  of  January, 
1915,  and  ending  at  noon  on  the  first  day  of  January,  1917 : 

Receipts 

Jan.  4,  1915,  check  received  from  Dun- 
can McGregor,  secretary  to  the  gov- 
ernor, for  cash  on  hand  $807  71 

Received  from  sundry  sources 16   44 

Sept.  8,  1915,  cash  from  state  treasurer  500   00 

Dec.  21,  1915,  cash  from  state  treasurer  500   00 


$1,  824   15 
Disbursements 

Inaugural  ceremonies    451   85 

Governor's  message 51   00 

E.  F.  Dithmar,  expenses  to  Milwaukee.  6   13 

Stenographic   services    10   00 

J.   C.  Grondyke,   expenses  investigating 

binder  twine  machinery    305 

L.  P.  Benezet,  work  of  investigation  in 

Iowa  on  central  board  of  education.  .  24   09 
L.  T.  Crabtree,  expenses  in  the  investi- 
gation of  forest  reserve  . 4562 


152  MESSAGES  TO  THE  LEGISLATURE 

L.  H.  Bancroft,  expenses  to  Panama- 
Pacific  exposition  for  the  purpose  of 
delivering  address  Wisconsin  day...  361  50 

Caring  for  grave  of  Governor  Harvey.  .  5   00 

R.  B.  Pixley,  expenses  on  trips  with 

governor 135  02 

R.  B.  Pixley,  expenses  on  trip  to  Puck- 
away  Lake  on  Mueller  murder  inves- 
tigation    35  00 

Sidney  Hirsch  Co.,  uniform  for  messen- 
ger    46  80 

Daniel  E.  McDonald,  for  detective  serv- 
ice rendered  in  Bachler  matter 81  53 

L.  C.  Whittet,  expenses  five  trips  to 
Milwaukee,  while  governor  was  in 
hospital 18  12 

Newspaper  subscriptions  for  papers  re- 
ceived at  executive  office  .  389  15 


1,  663   36 

Cash   on   hand    $160   29 

Under  section  172 — 2  Executive  Depart- 
ment receives  a  contingent  fund  of 
$2,000.00  per  annum.  There  remains  to 
the  credit  of  this  department  on  books 

of  secretary  of  state  . 3,  000   00 

Total  balance  in  contingent  fund.  ...  $3,  160   29 

Kespectfully  submitted, 

EMANUEL  L.  PHILIPP. 

Governor. 
January  2,  1917. 


SESSION  OF  191?  153 


Regular  Session  Began  January  10,  1917 ; 
Ended  July  16,  1917. 

Special  Session  Began  February  19,  1918; 
Ended  March  9, 1918. 

Second  Special  Session  Began  September  24,  1918; 
Ended  September  25,  1918. 

GOVERNOR'S  MESSAGE. 

Jan.  11,  1917. 
To  the  Senate  and  Assembly : 

In  conformity  with  law  and  long  established  custom,  I  submit 
to  you  at  this  time  such  information  and  recommendations  per- 
taining to  the  state  government  as  seem  to  be  most  urgent.  The 
printed  reports  of  the  departments  of  government,  also  of  all  state 
institutions,  will  be  placed  before  you.  These  reports  present  the 
work  of  the  different  departments  and  institutions  in  detail,  and 
I  recommend  them  to  you  for  your  consideration. 

STATE  FINANCES 

On  December  29th,  1916,  there  was  a  balance  of  $709,747.47  in 
the  state  treasury  available  for  the  payment  of  the  general  ex- 
penses of  the  state  government.  By  practicing  rigid  economy 
wherever  it  was  possible,  we  were  able  to  carry  this  amount  over 
to  the  new  calendar  year,  despite  the  fact  that  we  inherited  large 
building  appropriations  from  a  former  administration  for  which 
no  money  had  been  provided.  For  a  full  statement  of  the  condi- 
tion of  the  treasury  I  refer  you  to  the  treasurer's  report  dated 
December  29,  1916,  which  will  be  delivered  to  you. 

In  entering  upon  your  duties  as  legislators,  it  is  important  for 
you  to  know  what  the  probable  income  of  the  state  will  be  for  the 
next  biennium,  in  order  to  guide  you  in  making  appropriations.  I 
therefore  submit  to  you  an  estimate  of  the  state's  income  derived 
from  other  sources  than  general  tax  levies  for  the  fiscal  years 


154 


MESSAGES  TO  THE  LEGISLATURE 


1917-18  and  1918-19.  I  am  also  able  to  present  to  you  the  ap- 
propriations that  have  been  requested  by  the  different  departments 
and  state  institutions  and  the  revisions  and  recommendations  made 
by  the  State  Board  of  Public  Affairs  and  the  Central  Board  of 
Education. 

The  following  are  the  budget  recommendations  as  per  the  State 
Board  of  Public  Affairs  and  the  Central  Board  of  Education,  not 
including  land  and  building  requests: 

SUMMARY 

1917-18  1918-19 

Estimated   Receipts    $14,707,867.00  $15,277,806.00 

Estimated  Appropriations    14,310,401.00  14,593,469.00 

Estimated  Balance    $      397,466.00         $      684,337.00 

ESTIMATED  RECEIPTS 

1917-18  1918-19 

Receipts  from  Corporations,  Estates  and 

Fees  $  8,461,000.00  $  8,538,000.00 

Departmental    Receipts     2,392,494.00  2,795,354.00 

Charitable  and  Penal  Institutional  Re- 
ceipts    596,674.00  597,824.00 

Normal  School  Receipts 835,240.00  860,199.00 

University  Receipts    2,422,459.00  2,486,429.00 

Totals $14,707,867.00         $15,277,806.00 

ESTIMATED  APPROPRIATIONS 

For  Boards,  Depts.  and  Commissions  ...$  8,150,973.00  $  8,491,345.00 

For  Charitable  and  Penal  Institutions..     2,084,274.00  2,062,217.00 

For  Normal  Schools 1,285,669.00  1,194,137.00 

For    University 2,789,485.00  2,845,770.00 


Totals $14,310,401.00 


$14,593,469.00 


The  appropriations  that  are  recommended  have  been  kept  within 
the  state's  income.  If  the  appropriations  which  you  will  make  are 
kept  within  the  limits  suggested  by  the  revising  boards,  the  prob- 
able excess  of  the  state's  revenues  for  the  same  period  will  be  $774,- 
140.00.  The  estimates  of  expenditures  do  not  include  any  appro- 
priations for  new  state  buildings.  The  indications  are  that  the 
state's  revenues  will  be  sufficient  to  provide  the  money  to  complete 


SESSION  OF  1917  155 

the  building  operations  authorized  by  the  legislatures  of  1913  and 
1915.  The  incomes  have  been  estimated  conservatively,  and  I  be- 
lieve can  be  safely  relied  upon. 

The  last  legislature  made  a  tax  levy  for  the  benefit  of  the  gen- 
eral fund  of  $1,000  each  for  the  fiscal  years  1916  and  1917.  The 
balance  of  the  state  taxes  levied  were  statutory  and  were  all  for 
educational  purposes.  I  desire  to  call  your  attention  to  the  fact 
that  unless  you  make  material  reductions  from  the  budget  esti- 
mates for  operating  expenditures,  you  will  not  be  able  to  make 
large  building  appropriations  without  providing  for  a  tax  levy  to 
meet  such  capital  investment. 

If  you  wish  to  increase  the  state's  revenues  from  sources  other 
than  by  direct  taxation,  I  call  your  attention  to  the  suggestions 
made  by  the  tax  commission,  which,  if  carried  out,  would  be  the 
means  of  accomplishing  that  end  to  some  extent.  The  tax  commis- 
sion recommends  that  a  larger  part  of  the  income  tax,  also  of  the 
automobile  license  fees,  be  given  to  the  state.  I  regard  this  sug- 
gestion as  sound,  particularly  in  view  of  the  demand  for  increased 
appropriations  for  highways. 

TAXATION 

A  fair  and  equitable  division  of  the  burden  of  taxation  is  and 
always  has  been  one  of  the  important  problems  of  government. 
Under  our  system  of  taxation  real  property  pays  the  larger  part 
of  the  taxes  collected.  It  is,  therefore,  necessary  that  the  assess- 
ments of  such  property  be  carefully  made  and  that  the  values  be 
arrived  at  on  some  uniform  basis.  To  do  this  requires  men  of 
experience  and  good  judgment. 

The  work  of  our  local  or  township  assessors  is  in  many  cases 
not  well  done.  It  frequently  occurs  that  re-assessments  are  nec- 
essary. In  such  cases  the  work  is  done  by  agents  of  the  Tax 
Commission  and  is  quite  costly,  the  expense  falling  upon  the 
township  that  is  re-assessed.  We  shall  get  more  equitable  assess- 
ments and,  therefore,  more  satisfactory  results  if  we  will  by  law 
abolish  the  old  system  of  local  or  township  assessors  and  create 
the  office  of  county  assessor  instead.  Such  county  assessors  should 
be  compelled  to  pass  a  satisfactory  civil  service  examination  and 
the  appointment  should  be  made  by  the  county  board.  They  should, 
however,  do  the  work  under  the  direction  of  the  State  Tax  Com- 


156  MESSAGES  TO  THE  LEGISLATUBE 

mission.  Their  salaries  and  tenure  of  office  should  be  fixed  by 
legislative  act. 

I  believe  that  such  a  system  would  give  us  assessors  better  qual- 
ified for  the  service,  and,  by  making  a  study  of  the  property 
values  of  the  county,  they  soon  would  be  able  to  make  a  revision 
of  the  assessments  that  would  come  nearer  to  compliance  with 
the  rule  of  uniformity  and  would,  therefore,  be  much  more  satis- 
factory to  the  people;  and  as  a  consequence  would  avoid  the  ex- 
pense and  the  unfortunate  controversies  that  grow  out  of  re- 
assessments, which,  in  the  main,  can  be  attributed  to  the  unsatis- 
factory work  of  the  local  assessors. 

The  county  assessors,  that  I  have  suggested  here,  could  at  the 
same  time  act  as  the  assessors  of  incomes,  thereby  reducing  the 
present  force  of  income  assessors  to  a  small  number,  which  would 
result  in  a  substantial  saving  to  the  taxpayers. 

I  believe  it  to  be  unnecessary  to  make  assessments  of  real  es- 
tate every  year.  The  value  of  that  class  of  property  does  not, 
as  a  rule,  change  much  within  that  time.  If  a  fair  and  equitable 
assessment  is  once  established,  a  re-assessment  every  four  years 
should  be  sufficient,  and  I  recommend  that  this  change  be  made 
in  our  statutes. 

The  Tax  Commission  suggests  numerous  changes  in  our  income 
tax  law.  I  am  particularly  impressed  by  the  suggestion  that 
taxes  paid  upon  personal  property  should  not  be  used  as.  an  offset 
for  income  taxes.  It  is,  in  fact,  difficult  to  understand  why  such 
a  provision  ever  was  made.  If  personal  property  is  to  be  taxed 
there  seems  to  be  no  good  reason  why  the  taxpayer  shall  be  per- 
mitted to  deduct  the  amount  paid  from  his  income  tax.  As  the 
law  works  out  in  its  present  form  a  large  percentage  of  the  in- 
come tax  that  is  assessed  at  a  considerable  cost  becomes  uncol- 
lectable  because  of  this  provision  of  law.  The  aggregate  income 
tax  assessed  in  1915  on  the  income  of  1914  was  $3,837,370,  and 
the  amount  of  personal  property  receipts  used  as  an  offset  was 
$1,825,641 — thus  reducing  the  net  result  of  the  tax  by  nearly 
fifty  per  cent. 

It  is  a  useless  effort  to  compel  the  taxpayer  to  make  elaborate 
and  complicated  reports  of  his  income  and  maintain  a  large  and 
expensive  organization  for  assessing  incomes  and  then  have  the 
result  nullified  by  the  use  of  personal  property  tax  receipts  to 
offset  the  amounts  due.  I  recommend  that  the  statute  which 


SESSION  OF  1917  157 

permits  the  taxpayer  to  use  his  personal  property  tax  receipt  as 
an  offset  for  income  tax  be  repealed. 

I  also  recommend  the  repeal  of  the  law  under  which  the  owner 
of  a  home  is  compelled  to  pay  an  income  tax  on  its  rental  value. 
I  do  this  because  I  believe  such  a  tax  is  unfair  and  unjust. 

I  call  your  attention  to  the  numerous  recommendations  made 
by  the  Tax  Commission.  Their  report  has  been  placed  upon  your 
desks.  I  cannot  agree  to  the  proposition  that  personal  property 
shall  be  removed  from  the  tax  roll.  According  to  the  report  of 
the  Commission  that  class  of  property  yielded  $5,680,728  in  taxes 
in  1915.  In  view  of  the  growing  demand  for  public  improve- 
ments, all  of  which  will  necessitate  the  expenditure  of  large  sums 
of  money,  the  state  cannot  afford  to  reduce  its  revenues.  If  the 
system  is  changed  and  personal  property  is  exempt,  the  loss  of 
revenue  must  be  made  up  in  some  other  way  and  the  greater  part 
will  naturally  fall  upon  our  real  estate.  Our  income  tax  is  al- 
ready high.  The  same  people  who  pay  the  income  tax  to  the  state 
pay  an  income  tax  to  the  national  government  and  it  would  seem 
that  the  amount  that  is  now  demanded  from  that  class  of  tax- 
payers should  not  be  further  increased.  To  do  so  would,  in  mj 
judgment,  interfere  with  the  industrial  development  of  our  state. 

I  agree  with  the  Tax  Commission  that  public  utilities  such  as 
water,  light,  heat  and  power  plants  and  the  leased  buildings  con- 
nected therewith,  should  not  be  classified  as  personal  property. 
All  property  of  that  character  should  be  transferred  to  the  real 
estate  class. 

HIGHWAYS 

One  of  the  most  important  subjects  that  you  are  called  upon 
to  consider  during  this  session  is  the  matter  of  devising  an  eco- 
nomical and  effective  system  of  highway  construction.  The  de- 
mand for  better  roads  is  general.  It  is,  however,  a  project  that 
involves  tremendous  expenditure  of  money  and  we  should,  there- 
fore, approach  it  in  a  spirit  of  conservatism.  The  size  of  the 
undertaking  is  best  understood  when  we  consider  it  in  connec- 
tion with  the  fact  that  the  state  has  over  70,000  miles  of  high- 
ways, the  greater  part  of  which  need  to  be  rebuilt  if  we  expect 
to  bring  all  of  our  public  roads  to  a  satisfactory  standard. 

The  annual  report  of  the  State  Highway  Commission  has  been 
submitted  to  you.  The  recommendations  contained  therein  rep- 


158  MESSAGES  TO  THE  LEGISLATURE 

resent  the  conclusions  that  the  commission  has  reached  in  its  ex- 
perience in  dealing  with  the  highway  question.  I  recommend 
the  report  for  your  careful  consideration. 

I  wish  particularly  to  impress  upon  you  the  necessity  of  mak- 
ing provision  for  the  proper  maintenance  of  the  roads  that  are 
built.  Nearly  5,000  miles  of  state  aid  roads  have  been  built  since 
the  beginning  of  the  state  aid  system,  at  a  cost  of  about  $16,000,- 
000.  Xo  provision  was  made  for  the  maintenance  of  these  roads, 
with  the  result  that  sections  which  were  built  two  and  three  years 
ago  are  worn  out  and  the  investment  has,  therefore,  been  lost. 
It  seems  to  me  that  it  requires  no  further  argument  than  to  say. 
that  the  construction  of  costly  highways  without  proper  provision 
for  their  maintenance  is  a  waste  of  public  money  and  a  disap- 
pointment to  the  people. 

The  Congress  of  the  United  States  has  appropriated  a  sum  of 
money  to  aid  the  states  in  the  construction  of  post  roads.  The 
total  amount  that  will  come  to  our  state  from  that  source  is 
$1,925,416.  The  appropriation  covers  a  period  of  five  years  and 
is  made  available  in  the  following  sums: 

For  the  fiscal  year  1916-17 $128,361.00 

For  the  fiscal  year  1917-18 256,722.00 

For  the  fiscal  year  1918-19 385,083.00 

For  the  fiscal  year  1919-20 513,444.00 

For  the  fiscal  year  1920-21 641,805.00 

Under  the  provisions  of  the  act  which  appropriates  these  amounts 
the  aid  from  the.  government  can  be  used  only  for  the  purpose 
of  construction  and  no  part  of  it  can  be  used  for  purchasing 
right  of  way,  for  engineering  cost,  or  any  other  preliminary  work. 
The  law  provides  further  that  the  state  must  spend  at  least  an 
equal  sum  for  the  same  purpose,  the  road  must  be  continuous, 
and  must,  therefore,  be  part  of  a  trunk  line  system,  the  plans 
for  which  are  subject  to  approval  by  the  United  States  Commis- 
sioner of  Agriculture. 

In  order  to  secure  federal  aid  it  is  necessary  for  the  state  to 
undertake  the  building  of  a  system  of  trunk  line  roads  as  a 
separate  project,  and  I  recommend  that  you  appropriate  a  sum 
of  money  for  this  purpose  which  will  equal  the  sums  that  will 
be  contributed  by  the  United  States  government.  Insomuch  as 
the  counties  in  which  these  trunk  lines  will  be  located  will  be 


SESSION  OP  1917  159 

especially  benefited,  I  recommend  further  that  you  pass  a  Ja\v 
that  will  require  appropriations  in  an  equal  sum  by  such  coun- 
ties, the  same  to  be  apportioned  among  the  counties  upon  i  mile- 
age basis. 

If  this  plan  is  followed  we  will  expend  over  $6,000,000  in  the 
construction  of  federal  aid  roads  in  the  next  five  years.  The 
appropriation  passed  by  the  last  legislature  provides  for  an  an- 
nual expenditure  of  $785,000  in  state  aid.  If  we  add  the  con- 
tributions made  by  the  counties  and  towns  we  will  spend  over 
$12.000,000  under  that  system  during  the  same  period.  The 
sums  that  I  have  named,  plus  the  money  that  is  being  expended 
by  counties  independent  of  state  aid,  will  give  our  road  building 
organization  as  much  work  as  it  can  intelligently  supervise. 

Furthermore,  the  cost  of  carrying  on  the  projects  that  I  have 
outlined  will  constitute  a  larger  burden  for  the  taxpayer,  and  in 
my  judgment  it  should  not  be  increased.  We  should  meet  the 
public  demand  for  better  roads.  It  is  my  opinion,  however,  that 
we  should  provide  a  plan  that  can  be  carried  forward  with  a  rea- 
.sonable  annual  expenditure.  We  should  not  permit  ourselves  to 
be  led  too  far  by  the  "good-roads"  enthusiast,  who  would  wish 
to  accomplish  it  all  in  a  year.  It  is  important  that  the  work 
which  is  done  is  of  a  character  that,  with  reasonable  expenditure 
for  maintenance,  will  remain  a  permanent  improvement. 

EDUCATION 

Two  years  ago  I  presented  a  legislative  program  affecting  our 
educational  system  which  I  believed  to  be  beneficial.  A  Central 
Board  of  Education  was  created  by  law  which  experience  has 
proven  to  be  an  improved  form  of  educational  government. 

The  law  which  provides  for  the  employment  of  supervising 
teachers  in  our  rural  schools  is  beneficial  and  is  admitted  by  edu- 
cators to  be  an  advance  step  in  rural  education.  I  believe,  how- 
ever, that  we  will  improve  this  service  and  the  results  that  we 
will  derive  from  it  if  we  require  some  special  training  as  a  quali- 
fication for  this  position. 

I  also  recommend  that  the  minimum  salary  fixed  by  law  for 
rural  school  supervising  teachers  be  increased  to  a  sum  large 
enough  to  enable  county  superintendents  to  compete  with  village 
and  city  schools  in  securing  suitable  teachers. 


160  MESSAGES  TO  THE  LEGISLATURE 

I  will  reiterate  the  statement  that  I  made  in  my  message  two 
years  ago,  that  the  most  helpful  assistance  that  we  can  give  our 
country  schools  is  to  provide  better  teachers.  We  shall  not  suc- 
ceed in  doing  this  unless  we  make  the  profession  of  rural  school 
teaclnr  more  attractive.  Higher  salaries  and  in  many  cases  bet- 
ter schoolhouses  are  required  to  bring  conditions  nearer  the  ideal. 
The  last  legislature  recognized  the  necessity  of  doing  something 
substantial  for  this  important  branch  of  public  service  by  pro- 
viding some  state  support  for  rural  school  teachers  based  upon 
efficiency  and  term  of  service.  The  amounts  provided  by  the 
statute  are,  however,  not  sufficient  to  accomplish  the  end  desired. 
I  recommend  that  you  grant  a  further  increase  in  their  compen- 
sation from  the  state. 

1  also  recommend  that  after  1920,  all  teachers  who  have  not 
been  in  the  service  for  three  .years  be  required  to  have  a  high 
school  education  or  its  equivalent  and  at  least  one  year  special 
training  as  teachers  beyond  the  high  school  course. 

I  ask  that  you  give  your  attention  to  industrial  education  and 
continuation  schools.  The  latter  are  important  to  a  great  mass 
of  people  who  are  compelled  to  become  wage  earners  early  in  life 
and  are  therefore  obliged  to  leave  school  at  an  early  age.  The 
continuation  school  gives  them  an  opportunity  to  improve  their 
education  during  the  evening  hoiirs  or  at  such  times  when  they 
are  not  engaged  in  their  employment. 

Industrial  education  is  particularly  important  to  the  workmen 
in  our  factories.  All  indications  point  to  the  fact  that  we  have 
entered  an  age  in  which  greater  efficiency  is  demanded  in  all 
industrv.  Our  people  must  be  placed  in  position  to  meet  modern 
requirements  in  this  respect.  It  is  the  purpose  of  the  industrial 
school  to  fill  this  want. 

The  last  legislature  passed  an  act  which  has  the  effect  of  giv- 
ing this  branch  of  education  dual  supervision.  The  plan  leads  to 
a  conflict  of  authority  and  is  not  a  practical  form  of  government. 

In  order  to  make  the  management  of  this  system  harmonious, 
I  recommend  that  the  board  remain  constituted  as  it  now  is — 
namely,  three  representatives  representing  the  laboring  class,  three 
representing  the  manufacturers  and  two  to  be  chosen  from  among 
educators,  and  the  state  superintendent  of  public  instruction  to 
remain  an  ex-officio  member.  To  this  board  should  be  given 
the  power  to  initiate  the  work  of  industrial  education,  the  super- 


SESSION  OF  1917  161 

vision  over  the  same  to  be  placed  in  charge  of  the  state  superin- 
tendent of  public  instruction.  All  employes  of  the  board  should 
be  appointed  only  by  the  board,  from  a  list  of  names  supplied  by 
the  state  superintendent  of  public  instruction. 

I  concur  in  the  recommendation  made  by  the  Central  Board 
of  Education  which  changes  the  system  of  state  aid  to  industrial 
and  continuation  schools  to  a  basis  of  part  salary  for  the  teach- 
ers. Under  the  present  system  there  seems  to  be  confusion  about 
the  amount  that  the  state  should  pay. 

NEW  BUILDING  PROJECTS 

Additional  buildings  are  requested  by  the  University,  the  State 
Xormal  Schools,  Stout  Institute  and  by  the  State  Board  of  Con- 
trol for  the  Charitable  and  Penal  Institutions. 

In  view  of  the  present  high  cost  of  material  I  believe  it  a  wise 
policy  for  the  state  to  defer  all  building  operations,  except  such 
as  are  absolutely  necessary,  to  a  time  when  material  can  be  se- 
cured at  reasonable  prices,  and  normal  conditions  prevail.  It  is 
generally  conceded  that  the  present  high  prices  cannot  continue 
much  longer,  especially  if  the  war  in  Europe  comes  to  an  end. 
It  may  reasonably  be  expected  that  when  the  war  is  over  there 
will  be  a  re-action  in  business  and  some  re-adjustment  of  our 
economic  conditions  will  take  place.  There  is  reason  to  believe 
that  during  the  period  of  re-adjustment  work  will  become  scarce 
and  laboring  men  will  be  seeking  employment. 

Because  of  these  possibilities  it  should  be  the  policy  of  the  state 
to  defer  its  building  operations,  so  far  as  it  is  possible,  not  only 
in  the  interest  of  lower  prices,  but  for  the  purpose  of  providing 
employment  to  our  laboring  men  at  a  time  when  business  and 
private  industry  is  dull,  and  work  is  scarce.  Furthermore,  dur- 
ing times  when  there  is  an  abundance  of  employment  at  high 
wages  in  private  industry,  public  enterprise  should  not  compete 
for  the  available  labor  any  more  than  is  absolutely  necessary. 
It  should  reserve  its  work  in  the  interest  of  the  workingman  for 
a  time  when  he  needs  it.  Xor  should  the  state  interfere  with 
private  industry  to  the  extent  of  curtailing  necessary  production. 


162  MESSAGES  TO  THE  LEGISLATURE 

WORKMEN'S  COMPEXSATIOX 

The  Workmen's  Compensation  Act  was  enacted  in  this  state 
at  a  time  when  there  was  no  American  experience  available  as 
a  guide  to  those  who  drafted  its  schedules.  The  fact  that  the 
work  of  framing  this  act  was  well  performed  in  the  light  of  the 
conditions  then  existing  is  demonstrated  by  the  very  general  satis- 
faction that  has  resulted  from  the  operation  of  the  law. 

It  is  no  criticism  of  the  act  or  the  work  of  those  who  framed 
it  to  say  that  experience  has  shown  the  necessity  of  some  changes. 
In  the  light  of  the  five  years'  experience  under  the  act  that  is 
now  available  it  is  generally  agreed  that  certain  schedules  should 
be  revised.  There  is  a  wide  difference  of  opinion  as  to  what  is 
fair  and  equitable  in  the  revision  of  many  of  the  provisions  of 
the  act.  It  would  be  unwise  to  make  changes,  the  wisdom  of 
which  may  be  doubted,  without  serious  consideration. 

In  order  that  the  revision  may  be  based  upon  sound  and  equit- 
able principles,  I  recommend  a  revision  at  this  session  of  those 
schedules  upon  which  there  is  general  agreement.  I  further  rec- 
ommend that  you  appoint  a  joint  legislative  committee  with  power 
to  make  a  thorough  study  of  the  whole  subject  of  workmen's  com- 
pensation in  the  light  of  developed  experience  and  present  day 
information. 

This  investigation  should  be  made  between  the  adjournment 
of  the  present  session  and  the  meeting  of  the  next  regular  ses- 
sion of  the  legislature.  The  committee  should  report  its  find- 
ings to  the  governor  for  transmission  to  the  next  session  of  the 
legislature  in  order  that  that  body  may  have  intelligent  and  re- 
liable information  upon  which  to  base  a  revision  of  this  important 
law. 

WORKMEN'S  COMPEXSATIOX  IXSURAXCE 

The  present  situation  relative  to  workmen's  compensation  in- 
surance is  not  at  all  satisfactory.  The  compensation  act  com- 
pels the  great  majority  of  employers  of  labor  in  this  state  to 
carry  this  kind  of  insurance.  This  act  also  takes  away  from  the 
injured  workman  and  his  dependents  the  right  of  action  which 
he  or  they  formerly  had  against  the  employer,  -  and  substitutes 
compensation  under  the  act.  The  obligation  of  the  insurance 


SESSION  OF  1917  163 

company  may  continue  over  a  long  period.  In  some  instances  this 
period  may  be  as  great  as  fifteen  years. 

The  persons  most  interested  in  the  quality  of  this  kind  of  in- 
surance are  the  workman  or  his  dependents,  who  are  not  par- 
ties to  the  insurance  contract.  The  continued  solvency  of  com- 
panies writing  this  kind  of  insurance  is  of  first  importance.  The 
state  should  exercise  its  power  to  guarantee  such  solvency  to  the 
greatest  possible  extent.  The  importance  of  action  with  this  end 
in  view  is  especially  apparent  at  this  time  in  the  light  of  the 
fact  that  a  large  number  of  companies  writing  workmen's  com- 
pensation insurance  have  gone  into  liquidation  or  discontinued 
the  business  during  the  past  year. 

Eates  for  this  kind  of  insurance  should  be  adequate  to  meet 
the  obligations  of  the  company  to  the  injured  employee  or  other 
person  entitled  to  indemnity.  The  rates  charged  should  be  rea- 
sonable in  order  that  injustice  may  not  be  done  to  the  employer, 
who  is  compelled  under  the  law  to  buy  insurance.  The  cost  of 
this  kind  of  insurance  should  be  equitably  distributed  over  the 
industries  and  should  be  collected  without  discrimination  by  the 
insurers  carrying  this  class  of  insurance. 

To  this  end  and  to  the  further  end  that  economy  and  uniform- 
ity may  prevail,  I  recommend  and  urge  upon  yx>u  the  enactment 
of  a  law  requiring,  under  state  supervision,  cooperation  between 
companies  writing  workmen's  compensation  insurance  in  the  work 
of  making  rates,  establishing  classifications  and  making  inspec- 
tions. 

I  further  recommend  that  yo\\  vest  in  the  Department  of  In- 
surance and  the  Industrial  Commission  power  to  control  the  rates 
charged  for  workmen's  compensation  insurance  as  to  adequacy 
and  also  as  to  reasonableness.  These  departments  should  also 
be  clothed  with  power  to  require  and  compel  uniformity  in  classi- 
fications. This  uniformity  is  necessary  if  the  experience  of  com- 
panies writing  this  class  of  insurance  is  to  become  valuable  for 
rate  making  purposes.  It  is  also  important  as  an  element  in 
preventing  discrimination  in  cost  between  employers. 

SOCIAL  INSURANCE 

The  subject  of  social  insurance  now  is  attracting  the  attention 
of  many  public  spirited  citizens  and  organizations.  We  all  must 
recognize  the  obligation  of  society  as  a  whole  to  those  unfortu- 


164  MESSAGES  TO  THE  LEGISLATURE 

nate  members  of  the  community  who  suffer  from  sickness,  acci- 
dent, unemployment  or  old  age.  In  dealing  with  a  subject  of  so 
great  importance,  and  such  immense  proportions  when  measured 
in  dollars  and  cents,  we  must  be  practical  as  well  as  sympathetic. 
Many  and  varied  plans  have  been  proposed  as  a  means  by  which 
the  unfortunate  condition  of  those  who  suffer  from  disabilities 
such  as  above  mentioned  ma}r  be  relieved.  There  is,  however, 
no  harmony  of  view  on  the  part  of  those  who  have  given  much 
thought  and  study  to  the  subject. 

Wisconsin,  in  the  past,  has  established  a  wise  precedent  in  mak- 
ing a  thorough  investigation  of  new  and  important  problems  be- 
fore undertaking  to  legislate.  There  are  many  elements  which 
enter  into  a  consideration  of  the  social  insurance  question  in 
many  of  our  states  and  cities  that  are  not  applicable  to  condi- 
tions in  Wisconsin.  The  conditions  to  be  met  and  the  most  prac- 
tical and  wise  method  of  meeting  them  may  be  very  different  here 
than  are  those  in  states  containing  larger  industrial  populations. 
I,  therefore,  urge  upon  you  that  you  give  attention  to  this  sub- 
ject. 

I  further  urge  that  you  follow  the  precedent  established  in  con- 
nection with  the  workmen's  compensation  law  by  appointing  a 
legislative  committee  for  the  purpose  of  studying  the  question 
of  social  insurance  from  the  standpoint  of  Wisconsin,  with  the 
end  in  view  of  determining  the  necessity  and  wisdom  of  the  legis- 
lation, and  in  the  event  that  the  committee  decides  that  legis- 
lation ought  to  be  enacted,  it  be  instructed  to  formulate  recom- 
mendations as  to  the  method  of  accomplishing  the-  end  that  is 
sought.  Such  a  committee  should  be  empowered  to  call  to  its 
assistance  such  expert  service  as  may  best  serve  it  in  making  a 
comprehensive  and  exhaustive  study.  It  should  report  to  the  gov- 
ernor before  the  convening  of  the  next  regular  session  of  the 
legislature. 

FIRE  INSURANCE  RATES 

Fire  insurance  is  now  recognized  as  a  commercial  necessity. 
The  prosperity  of  our  people  is  largely  dependent  upon  their 
ability  to  obtain  fire  insurance  protection  of  unquestioned  qual- 
ity. To  this  end  we  need  financially  strong  companies  of  our 
own  state  as  well  as  those  of  our  sister  states.  To  those  com- 
panies, both  domestic  and  foreign,  that  render  a  useful  and  neces- 


SESSION  OF  191?  165 

sary  service  to  our  people  we  must  accord  the  same  opportuni- 
ties that  are  given  to  other  desirable  business  enterprises.  The 
service  of  fire  insurance  companies  is  quasi  public  in  its  nature. 
This  service  is  impressed  with  a  public  interest  that  distinguishes 
it  from  many  business  enterprises.  The  nature  of  the  business 
of  the  fire  insurance  company  justifies  the  state  in  applying  to 
it  regulatory  measures  that  cannot  be  applied  to  many  business 
institutions.  Protection,  which  is  the  commodity  sold  by  the  fire 
insurance  company,  should  be  sold  to  the  purchaser  without  dis- 
crimination, as  is  the  service  of  other  public  service  corporations. 

The  insurance  company  is  the  agency  through  which  the  cost 
of  fire  waste  is  distributed  over  insured  property,  while  the  owner 
of  the  property  is  the  real  burden  bearer.  The  insurance  com- 
pany is  entitled  to  a  fair  and  reasonable  profit  for  the  service  that 
it  renders.  It  is  not  entitled  to  more  than  that.  The  state  should 
exercise  its  power  to  the  end  that  the  fire  insurance  companies 
receive  a  fair  return  for  services  rendered,  and  that  the  people 
are  enabled  to  procure  their  insurance  protection  at  reasonable 
non-discriminatory  rates.  Economy  in  bringing  to  the  people  the 
service  of  companies  writing  fire  insurance  in  this  state  is  desir- 
able. To  this  end,  co-operation  between  companies  in  rate  mak- 
ing and  other  activities  is  necessary.  Co-operation  without  regu- 
lation would,  however,  leave  the  citizen  to  the  mercy  of  the  com- 
panies. If  co-operation  is  authorized,  it  should  be  under  proper 
state  supervision  and  regulation. 

I  therefore  recommend  and  urge  upon  you  the  enactment  of  a 
law  that  will  require  all  companies  writing  fire  insurance  on  prop- 
erty located  in  this  state  to  be  members  of  a  rating 'bureau,  to 
be  located  in  this  state,  and  that  will  further  require  co-operation 
in  rate  making  to  the  end  that  the  cost  be  reduced  and  uniformity 
obtained.  The  law  should  prohibit  discrimination  and  require  the 
rate  charged  to  be  reasonable. 

I  further  recommend  that  such  legislation  permit  variation 
from  rates  made  by  bureaus,  so  that  economies  in  management 
or  favorable  loss  experience  may  accrue  to  the  benefit  of  the  own- 
ers of  insured  property.  The  bureaus  charged  with  this  import- 
ant function  of  rate  making  should  be  required  to  obtain  a  license 
from  the  state.  Bureaus  authorized  by  law,  as  well  as  insurance 
companies  and  insurance  agents,  should  be  subject  to  a  penalty 
for  violations.  The  Insurance  Department  is  the  logical  agency 


MESSAGES  TO  THE  LEGISLATURE 

of  the  state  to  be  charged  with  the  administration  of  such  an  act. 
I  therefore  recommend  that  the  Commissioner  of  Insurance 
be  vested  with  authority  along  the  lines  herein  outlined,  and  that 
full  provision  be  made  for  the  successful  administration  of  the 
law. 

STATE  INSURANCE 

In  my  message  to  the  legislature  two  years  ago  I  called  atten- 
tion to  the  depleted  condition  of  the  state  fire  insurance  fund. 
I  wish  to  again  call  your  attention  to  the  condition  of  that  fund 
on  January  1,  1917: 

ASSETS. 

Cash  on  hand  January  1,  1917 $154,144.61 

Due  from  counties . .  549.32 


Total  assets $154,693.93 

LIABILITIES. 

Due  general  fund $  78,137.99 

Unearned  premium  50,894.31 

Unpaid  losses  (estimated) 20,000.00 


$149,032.30 

Surplus  January  1,  1917 $     5,661.63 

We  had  some  losses  during  the  past  two  years.  It  was  our 
good  fortune,  however,  that  none  of  our  large  risks  burned.  If, 
for  instance,  the  main  building  at  the  Xorthern  Hospital  for  the 
Insane,  which  we  carry  for  $666,000,  had  burned,  instead  of  the 
Oshkosh  Normal  School,  our  deficit  would  be  very  large.  The 
present  condition  of  this  fund  after  an  experience  of  twelve  years 
demonstrates,  conclusively,  that  state  insurance  on  the  basis  on 
which  it  has  been  carried  is  a  failure.  I  believe  this  to  be  due 
to  the  fact  that  the  values  of  the  units  insured  bear  too  large 
a  proportion  to  the  total  risk  carried. 

I  stated  two  years  ago,  and  in  the  light  of  our  experience  since 
then  I  see  no  reason  to  change  my  mind,  that  we  should  discon- 
tinue this  form  of  insurance,  because  it  affords  no  protection. 
The  buildings  belonging  to  the  state  that  are  subject  to  destruc- 


SESSION  OF  191? 

tion  by  fire  should  be  insured  with  regular  insurance  companies 
for  precisety  the  same  reason  that  private  owners  of  property  in- 
sure their  buildings. 

In  this  connection  I  also  call  attention  to  the  fact  that  the  state 
is  carrying  fire  insurance  on  property  that  is  owned  by  counties, 
cities  and  school  districts  in  a  sum  exceeding  $2,000,000.  I  ques- 
tion the  right  of  the  state  to  engage  in  the  insurance  business 
to  the  extent  of  covering  property  that  does  not  belong  to  the  state. 
However,  the  law  provides  that  the  properties  of  counties,  cities 
and  school  districts  may  be  insured  by  the  state,  using  the  state 
fire  insurance  fund  to  pay  any  loss  that  may  occur.  Insomuch 
as  the  amount  that  is  now  in  the  treasury  after  twelve  years  of 
experience  is  entirely  inadequate  because  it  is  not  sufficient  to 
pay  a  total  loss  on  any  one  of  the  large  risks,  it  seems  to  me  that 
it  would  be  wise  to  refund  the  unearned  premiums  to  the  owners 
of  that  class  of  property  and  cancel  our  policies.  As  that  mat- 
ter now  stands  the  counties  and  school  districts  rely  upon  this 
insurance  for  their  protection  against  fire  loss.  If  the  loss  that 
may  occur  is  greater  than  the  amount  of  money  in  this  fund  in 
the  treasury,  it  will  be  impossible  to  make  a  settlement  unless  we 
draw  upon  the  general  fund  for  the  purpose.  Although  I  believe 
that  the  state  would  be  morally  bound  to  pay  the  loss,  it  may, 
however,  find  its  hands  bound  by  constitutional  prohibitions.  We 
should  not  deceive  the  counties  and  other  subdivisions  in  this 
matter  and  I  urge  upon  you  that  the  state  discontinue  this  class 
of  insurance  and  settle  with  the  counties  and  school  districts  in 
the  manner  that  I  have  indicated. 

. 
STATE  BOARD  OF  CONTROL 

All  state  institutions  have  been  subjected  to  a  critical  examina- 
tion by  the  State  Board  of  Public  Affairs.  Everything  that  was 
objectionable"  has  been  "cleaned  up"  and  I  am  pleased  to  state 
that  our  public  institutions  are  now  generally  well  managed  and 
that  proper  attention  is  given  to  reasonable  economies.  I  am 
able  to  report  to  you  that  during  the  last  fiscal  year  the  prison 
twine  plant  was  converted  into  a  profitable  institution,  having 
made  a  profit  of  $81,000,  and  that  the  state  prison  was  run  at 
a  profit  instead  of  a  loss  for  the  first  time  in  its  history. 

The  United  States  government  is  contributing  to  the  support 


168  MESSAGES  TO  THE  LEGISLATURE 

of  soldiers  and  their  wives  who  are  at  present  in  the  Wisconsin 
Veterans'  Home  at  Waupaca.  The  government  aid  was  withheld 
for  a  time  on  the  ground  that  insomuch  as  this  home  is  under 
the  management  of  the  Grand  Army  of  the  Republic  it  cannot 
be  regarded  as  a  state  institution  and  that  government  aid  will, 
therefore,  be  discontinued. 

I  have  been  able  to  secure  a  reconsideration  of  the  questions 
raised  and  the  order  given,  and  the  federal  aid  has  been  resumed 
for  the  present.  The  government,  however,  insists  that  the  man- 
agement of  this  home  be  turned  back  to  the  state  and  if  this  is 
not  done  federal  aid  will  be  discontinued.  Insomuch  as  the  con- 
tribution made  by  the  United  States  government  amounts  to  large 
sums  of  money,  which  will  be  lost  unless  we  comply  with  the  gov- 
ernment's wishes,  I  recommend  that  you  enact  such  legislation 
as  is  necessary  to  turn  the  home  over  to  the  State  Board  of  Con- 
trol or  some  other  board  to  be  selected  by  the  governor. 

I  wish  to  state  in  this  connection,  however,  that  I  regret  that 
the  government  has  seen  fit  to  interfere  with  the  management  of 
this  institution  by  the  Grand  Army.  I  wish  that  that  organiza- 
tion might  have  the  privilege  of  taking  care  of  its  own  for  the 
short  time  that  these  men  have  to  remain  with  us.  However, 
the  mandate  has  come  from  the  government  that  we  must  make 
the  change  and  hence  I  make  this  recommendation. 

The  business  of  the  Board  of  Control  is  growing  rapidly  and 
corresponding  responsibilities  are  coming  to  it  as  a  natural  con- 
sequence. As  the  board  is  now  constituted  it  is  composed  of 
five  members.  However,  only  one  makes  his  home  in  the  city 
of  Madison.  The  expenditures  managed  by  the  board  are  neces- 
sarily large.  The  institutions  in  their  charge  are  of  great  im- 
portance to  the  state,  as  is  the  proper  and  economical  adminis- 
tration of  them.  It  would,  in  my  judgment,  be  in  the  interest 
of  the  state  to  reduce  this  board  to  three  members,  the  same  to 
reside  in  the  city  of  Madison  and  devote  all  of  their  time  to  the 
business  of  the  board.  The  salaries  should  be  increased  to  an 
amount  large  enough  to  attract  and  hold  good  men,  because  the 
public  interest  demands  that  the  work  assigned  to  the  board  be 
ably  done.  I,  therefore,  urge  you  to  reduce  the  board  to  three 
and  compel  the  members  to  give  all  of  their  time  to  the  work 
of  the  board.  I  make  this  recommendation  in  the  interest  of 
greater  efficiency  in  the  administration  of  our  state  institutions. 


SESSION  OF  1917  169 

1  also  recommend  that  the  State  Superintendent  of  Public  In- 
struction be  given  supervisory  power  over  the  educational  fea- 
tures of  our  charitable  and  penal  institutions.  The  education  of 
the  blind  and  the  deaf  and  dumb  are  specialties  in  educational 
work,  also  the  education  of  the  feeble-minded.  The  Industrial 
School  for  Boys  at  Waukesha,  the  Industrial  Schools  for  Girls 
at  Milwaukee  and  the  School  for  Dependent  Children-  at  Sparta 
all  have  educational  features  that  in  my  judgment  should  be  un- 
der the  supervision  of  educators,  and  I  recommend  that  you  give 
the  State  Superintendent  of  Public  Instruction  supervisory  power 
over  them. 

NATIONAL  GUARD 

On  June  19,  1916,  all  recognized  units  of  the  Wisconsin  Na- 
tional Guard,  excepting  one  infantry  company,  were  called  into 
active  federal  service  by  the  President  of  the  United  States.  At 
the  present  writing  about  one-third  of  these  troops  are  still  held 
on  the  Mexican  border  for  service  under  federal  authority.  We 
have  received  the  assurance  many  times,  through  the  press  and 
in  statements  of  department  commanders  and  officers  of  high 
rank  in  the  regular  army,  that  our  people  may  well  be  proud 
of  the  soldierly  qualities  of  the  officers  and  men  of  our  guard. 
When  the  call  from  the  President  came  for  troops  they  subscribed 
to  the  conditions  of  the  federal  service  without  a  murmur  and 
rendered  the  service  that  has  been  demanded  of  them  like  true 
soldiers.  We  may  justly  feel  proud  of  the  history  that  they  have 
made.  Wisconsin  citizens  have  again  demonstrated  that  they  are 
patriotic  and  at  all  times  ready  to  make  any  sacrifice  for  their 
country  that  may  be  demanded  of  them.  I  recommend  that  proper 
recognition  of  the  services  of  our  guard  be  given  expression  in 
legislative  resolutions. 

The  National  Defense  Act,  passed  by  the  United  States  Con- 
gress, was  made  effective  June  3,  1916.  At  the  time  this  call 
went  into  effect  the  total  strength  of  the  Wisconsin  National  Guard, 
officers  and  men,  was  approximately  3,200  and  their  annual  pe- 
riod of  field  training  was  seven  days.  Under  the  new  federal 
act  the  proportionate  quota  of  troops  required  to  be  organized 
and  trained  by  the  state  of  Wisconsin  is  10,400,  the  requirement 
to  be  fulfilled  within  approximately  four  years,  and  all  such  troops 
must  annually  have  not  less  than  fifteen  days  of  field  training. 


170  MESSAGES  TO  THE  LEGISLATURE 

Since  the  act  became  a  law  the  strength  of  the  Wisconsin  Na- 
tional Guard  has  been  increased  to  approximately  4,500,  officers 
and  men,  and  must  necessarily  continue  to  increase  until  the  full 
quota  is  reached. 

Under  the  old  organization  the  annual  appropriation  necessary 
to  maintain  it  was  $200,000  per  year.  Owing  to  the  increased 
number  of  men,  made  necessary  by  the  new  federal  statute,  it 
will  be  necessary  to  appropriate  $300,000  per  year,  or  $600,000 
for  the  next  bi-ennium.  When  we  have  mustered  in  our  full 
quota  of  10,400  men  it  is  estimated  that  the  expense  will  be 
$600,000  per  year.  It  follows  then  that  our  military  expendi- 
tures will  eventually  increase  $400,000  per  year  over  and  above 
the  expenditures  that  we  have  been  in  the  habit  of  making  un- 
der our  former  guard  organization. 

It  will  be  observed  that  the  new  federal  statute  throws  a  large 
financial  burden  for  military  purposes  upon  the  state.  A  sub- 
stantial increase  in  these  expenditures  is  necessary  to  make  it 
possible  for  the  state  to  provide  its  quota  of  officers  and  men  to 
enable  the  general  government  to  carry  out  its  plan  of  greater 
military  preparedness,  which  is  a  national  necessity  for  purely 
defensive  purposes  that  should  not  be  longer  delayed. 

The  disposition  that  the  federal  law  makes  of  the  guard  is  open 
to  criticism.  As  the  matter  stands  now  the  guard,  although  a 
state  organization,  is,  in  fact,  part  of  the  regular  army  of  the 
United  States,  subject  to  the  call  of  the  President  at  any  time 
and  for  any  service.  The  term  of  enlistment  is  three  years  and 
three  years  reserve.  Xo  one  will  be  heard  to  complain  about  the 
term  of  enlistment  if  the  guard  will  be  used  as  a  reserved  force 
at  a  time  of  threatened  or  actual  invasion.  If,  however,  it  is  used 
for  mere  police  duty  the  situation  is  changed  and  is  open  to 
objections.  Our  own  guard,  and  what  I  say  of  our  men  is  true 
of  guardsmen  of  other  states,  is  composed  largely  of  business  men, 
professional  men,  skilled  mechanics,  office  men  and  clerks,  all  of 
them  regularly  employed  and  are  in  the  main  men  whose  services 
are  important  to  their  business  or  employers  and  are,  therefore, 
an  important  factor  in  our  production.  These  men  are  all  will- 
ing to  serve  their  country  in  times  of  war  or  threatened  war.  I 
dare  say,  however,  that  few,  if  any,  would  wish  to  enlist  as  peace 
soldiers  for  mere  police  service.  Such  service  should,  in  my  judg- 
ment, be  rendered  by  the  regular  army  and  if  that  force  is  not 


SESSION  OF  1917  171 

sufficient  in  strength  it  should  be  increased  to  a  force  large  enough 
to  enable  it  to  render  such  service  as  has  been  rendered  by  the 
.National  Guard  on  the  Mexican  frontier. 

I  recommend  that  you  memorialize  Congress  to  amend  the  Na- 
tional Defense  Act  so  as  to  shorten  the  term  of  enlistment  of  the 
Xational  Guard  or  restrict  its  use  by  the  President  to  such  serv- 
ice as  will  justify  him  in  calling  out  reserve  forces. 

TI-IK  PROTECTION  OF  FISH  AND  GAME 

Our  fish  and  game  are  a  natural  resource  that  deserves  the 
attention  of  the  legislature.  K"o  state  in  the  union  is  by  nature 
better  adapted  for  the  propagation  of  fish  and  such  game  as  has 
its  natural  home  here  than  the  state  of  Wisconsin. 

The  gradual  diminution  of  game  birds  must  be  apparent  to 
every  observer.  A7aluable  birds  such  as  the  prairie  chicken  and 
partridge  are  becoming  very  scarce,  and  unless  we  give  them  bet- 
ter protection  there  is  great  danger  that  these  birds  will  become 
entirely  exterminated  so  far  as  this  state  is  concerned. 

There  is  also  a  noticeable  decrease  in  the  number  of  deer  that 
are  now  seen  in  the  woods  by  hunters  as  compared  with  former 
years.  The  necessity  of  better  protection  admits  of  no  argument. 
It  is,  in  my  judgment,  altogether  a  question  of  how  we  should 
proceed  to  accomplish  it.  We  cannot  hope  to  preserve  our  game 
birds  by  declaring  an  open  season  each  year,  and  throwing  the 
entire  state  open  to  the  hunters.  The  control  of  open  seasons, 
except  for  migratory  birds,  should  be  placed  in  the  hands  of  the 
Conservation  Commission,  in  order  that  it'  may  be  regulated  with 
regard  for  the  supply  which  is  frequently  affected  by  weather 
and  other  natural  conditions.  Zones  or  reservations  should  be 
established  of  suitable  size  where  the  shooting  of  game  birds  is 
at  all  times  prohibited.  Such  a  provision  should  also  be  made 
for  the  protection  of  deer.  In  order  to  carry  out  this  plan  1 
recommend  that  the  income  from  the  sale  of  fish  and  game  li- 
censes, and  whatever  other  income  the  commission  may  have  from 
our  wild  life,  should  remain  in  the  state  treasury  to  the  credit 
of  the  commission  as  a  fund  for  its  use.  I  recommend,  further, 
that  you  make  an  appropriation  from  this  fund  sufficient  to  carry 
on  the  work  of  the  commission  that  the  law  prescribes,  the  balance 
to  remain  in  the  treasury  to  be  used  for  the  purpose  of  estab- 


172  MESSAGES  TO  THE  LEGISLATURE 

lishing  game  preserves,  and  also  for  the  purpose  of  establishing 
additional  fish  hatcheries,  and  for  the  purchase  of  apparatus  nec- 
essary to  successfully  carry  out  the  purpose  of  our  fish  and  game 
laws.  Provision  should  be  made  that  the  surplus  funds  that  ac- 
cumulate may  be  expended  by  the  commission,  with  the  consent 
of  the  emergency  board.  In  order  to  increase  the  income  which 
can  be  made  available  for  the  purpose  I  have  stated,  I  recom- 
mend an  increase  in  non-resident  license  fee  for  fishing  and  hunt- 
ing, also  a  reasonable  fee  for  deer  tags. 

I  make  this  recommendation  on  the  theory  that  insomuch  as  the 
money  which  is  paid  into  the  fund  will,  under  this  plan,  be  used 
exclusively  for  the  better  protection  of  our  wild  life,  those  who 
hunt  and  fish  will  be  willing  to  pay  it  in  order  to  improve  con- 
ditions for  themselves.  If  every  man  who  hunts  and  fishes  would 
be  willing  to  comply  with  the  laws,  the  protection  of  our  fish 
and  game  would  be  a  simple  matter.  There  is,  however,  an  ele- 
ment of  men  who  persist  in  violating  the  law  whenever  an  oppor- 
tunity presents  itself.  In  order  to  reach  that  element  in  a  more 
effective  manner,  I  recommend  that  there  be  a  substantial  increase 
in  the  penalties  provided  for  violations  and  I  recommend  as  an 
additional  penalty  that  the  law  provide  that  in  the  case  of  the 
habitual  violator  the  license  to  hunt  or  fish  shall  be  cancelled  and 
that  the  holder  of  such  license  shall  not  be  eligible  for  another 
license  for  that  season,  or  even  a  longer  period.  While  these 
penalties  may  seem  drastic,  I  believe  them  to  be  necessary  for  an 
effective  enforcement  of  the  law.  Under  present  conditions  it 
frequently  happens  that  fish  and  game  are  taken  out  of  season 
or  in  excessive  quantities  and  disposed  of  at  a  price  that  enables 
the  violator  of  the  law  to  pay  his  fine  and  realize  a  profit. 

The  commission  should  also  be  authorized  to  regulate  the  open 
season  for  fishing.  The  spawning  season  is  not  alike  in  all  our 
lakes  and  it  is  generally  admitted  that  in  many  of  our  northern 
lakes  the  open  season  comes  too  early  and  game  fish  are  taken 
while  on  their  spawning  beds.  The  commission  could  manage  the 
open  and  closed  seasons  in  a  scientific  manner  which,  in  my  judg- 
ment, will  greatly  increase  the  supply  of  fish. 

Wisconsin  is  fast  becoming  the  playground  for  the  people  of 
adjoining  states.  Thousands  of  visitors  are  annually  coming  into 
our  northern  woods  for  their  summer  vacation.  This  travel  is  a 
source  of  large  income  to  our  people.  Therefore,  aside  from  our 


SESSION  OF  1917  173 

own  interests,  and  as  a  business  proposition  we  should  see  to  it 
that  our  lakes  remain  well  stocked  with  fish  in  order  to  make  our 
summer  resorts  attractive  to  those  who  enjoy  the  sport  of  fishing. 
Our  fish  and  game  laws  are  now  administered  by  a  strong  com- 
mission. I  call  attention  to  its  annual  report  and  its  recom- 
mendations, which  will  be  placed  before  you. 

DEVELOPMENT  OF  NORTHERN  WISCONSIN 

The  problem  of  attracting  settlers  to  the  northern  part  of  our 
state  and  of  developing  its  industrial  possibilities  deserves  your 
attention.  The  state  should  give  reasonable  assistance  to  any 
legitimate  effort  that  is  calculated  to  call  the  attention  of  home- 
seekers  to  the  agricultural  and  industrial  advantages  of  that  sec- 
tion. Any  reasonable  sum  of  money  used  by  the  state  in  such 
enterprise  will  be  a  profitable  investment  because  of  the  new  prop- 
erty values  that  the  opening  of  that  vast  area  will  place  upon  the 
tax  roll. 

We  should  not  merely  attract  settlers,  but  it  is  of  even  greater 
importance  that  we  attract  people  who  are,  or  will  be,  good  citi- 
zens. I  consider  this  feature  of  our  northern  development  of 
first  importance.  The  class  of  citizens  best  fitted  for  the  task 
of  converting  our  cut-over  timber  lands  into  farms  are  the  young 
men  who  have  been  reared  in  our  western  agricultural  section, 
who  will  understand  the  task  that  they  undertake  in  opening  up 
a  farm  in  a  timbered  section,  and  in  order  to  bring  the  agricul- 
tural worth  of  our  cut-over  lands  to  the  attention  of  that  element, 
I  recommend  that  you  appropriate  a  reasonable  amount  of  money 
to  the  Department  of  Agriculture  to  be  used  in  exhibiting  the 
agricultural  products  of  northern  AArisconsin  to  the  people  in  the 
rural  sections  of  our  neighboring  states.  \Ve  may  also  call  the 
attention  of  manufacturers  to  the  water  powers  and  other  nat- 
ural resources  in  that  section,  with  a  view  of  developing  indus- 
tries. 

PRIMARY  LAW 

When  the  primary  election  law  was  adopted  it  was  represented 
by  its  friends  to  be  an  improved  system  of  making  nominations 
for  public  office.  It  has  been  upon  our  statute  books  since  1905, 
and  it  must  now  be  admitted  that  it  has  had  a  fair  trial.  While 


174  MESSAGES  TO  THE  LEGISLATURE 

llie  law  is  in  some  respects  an  improvement  over  the  old  caucus 
system,  I  believe  it  to  be  generally  conceded  that  it  is  unsatis- 
factory in  its  present  form  and  should  be  amended  and  changed 
in  many  respects. 

Despite  all  that  has  been  said  against  conventions  it  has  been 
fully  demonstrated  that  there  is  a  strong  demand  among  the  peo- 
ple for  political  gatherings.  The  fact  that  every  political  party 
of  any  consequence  in  the  state  holds  conventions  or  conferences 
(which  are  in  effect  conventions  under  another  name)  is  a  com- 
plete answer  to  the  argument  that  party  conventions  are  unneces- 
sary or  undesirable.  Party  conventions  should  be  provided  for 
by  law  to  enable  members  of  the  parties  to  meet  and  agree  upon 
a  declaration  of  principles  that  the  party  stands  for.  The  pres- 
ent system  of  permitting  successful  candidates  to  meet  after  pri- 
mary and  decide  upon  a  platform  with  which  to  go  to  the  people 
for  election  is  wrong  in  principle  and  destructive  of  political  par- 
ties. Under  that  system  the  candidates  may  promise  most  any- 
thing to  the  voter  before  the  p*rimary  and  completely  change  their 
political  views  after  the  primary,  if  in  their  judgment  it  is  neces- 
sary to  make  such  changes  to  meet  political  conditions. 

To  present  a  complete  criticism  of  the  primary  law  and  give  a 
full  history  of  its  disappointing  features  would  require  more  space 
than  I  can  devote  to  it  in  this  message.  In  fact,  the  weak  spots 
in  the  law  are  so  well  understood  by  the  people  of  our  state  that 
an  exhaustive  analysis  seems  unnecessary. 

I  recommend  such  legislation  as  will  create  the  legal  machinery 
necessary  to  call  state  party  conventions,  at  which  the  represen- 
tatives of  the  party  who  have  been  elected  by  the  people  at  a  pri- 
mary may  meet  and  decide  upon  the  principles  that  the  party 
shall  advocate  and  stand  for,  such  platform  to  be  accepted  and 
agreed  to  by  the  candidates  who  seek  election  under  the  party 
name. 

It  is  a  common  practice  in  this  state,  under  the  primary  sys- 
tem, that  voters  under  the  influence  of  personal  political  organi- 
zations are  prevailed  upon  to  vote  for  the  candidates  of  an  oppos- 
ing party  at  the  primary  for  their  own  political  advantage,  or, 
what  is  still  more  objectionable,  to  carry  out  a  trade  or  agreement 
for  mutual  political  advantage  with  some  candidate  or  his  rep- 
resentatives. Such  practice  is  political  corruption  and  should  be 
stopped.  In  order  to  protect  our  primaries  against  such  evil  in- 


SESSION  OF  1917  175 

fluenc-es  I  recommend  that  provisions  be  made  by  law  that  will 
permit  only  the  adherents  of  a  party  to  vote  its  ticket  at  a  pri- 
mary election. 

The  primary  law,  insofar  as  it  relates  to  the  selection  of  can- 
didates for  public  office,  was  adopted  by  a  vote  of  the  people. 
Any  attempt  to  repeal  it  should  be  referred  to  the  people  for 
their  decision. 

TENURE  OF  OFFICE  OF  THE  GOVERNOR  AND  SHORT  BALLOT 

In  view  of  the  fact  that  I  am  now  serving  my  second  term  as 
governor  of  this  state,  I  feel  safe  in  making  recommendations 
affecting  the  tenure  of  office  of  the  governor  and  other  constitu- 
tional officers  without  laying  myself  open  to  the  criticism  by  my 
political  opponents  that  I  am  making  a  recommendation  that 
might  affect  my  own  term. 

I  believe  it  to  be  clearly  in  the  interest  of  the  people  that  the 
term  of  office  of  the  governor  be  four  years  instead  of  two  years, 
as  the  constitution  now  provides.  I  also  recommend  that  the  sec- 
retary of  state,  state  treasurer  and  attorney  general,  who  should 
constitute  the  governor's  cabinet,  be  appointed  by  him  instead  of 
elected  as  the  law  now  provides.  Under  our  present  system  of 
biennial  elections,  the  governor  and  the  officers  whom  I  have 
named  are  obliged  to  devote  too  much  time  to  politics. 

The  needs  of  our  state  government  may  be  compared  with  those 
of  a  large  business.  It  is  not  engaged  in  money  making,  but  has 
all  the  functions  to  perform  that  come  to  a  well  organized  peo- 
ple's government.  The  governor  is  the  responsible  head  and  the 
people  will  do  well  for  themselves  if  they  will  give  him  an  op- 
portunity to  study,  without  interruption,  the  details  of  govern- 
ment, and  make  such  improvements  in  the  interest  of  efficiency 
and  economy  as  any  good  governor  will  wish  to  make  if  he  is  given 
the  time  that  he  needs  to  make  the  necessary  investigations.  Un- 
der our  present  system  he  must,  within  ten  days  after  he  is  in- 
augurated, send  a  message  to  the  legislature  which  should  give 
detailed  information  and  well  thought  out  recommendations  con- 
cerning all  state  institutions,  and  for  such  other  legislation  as 
may  promote  the  welfare  of  the  people. 

If  he  desires  to  be  re-elected,  he  must  devote  practically  the 
entire  second  year  of  his  term  to  his  campaign.  This  necessi- 


176  MESSAGES  TO  THE  LEGISLATURE 

tates  long  periods  of  absence  from  his  office.  In  fact,  it  makes 
it  impossible  for  him  to  give  the  attention  to  the  state's  affairs 
that  he  should.  Furthermore,  the  expense  connected  with  the 
campaigns  is  too  great — in  fact  much  greater  than  the  salary 
which  the  office  pays  justifies.  This  feature  I  regard  as  of  spe- 
cial importance  to  the  people  for  the  following  reason :  Under 
the  primary  system  it  is  necessary  for  the  candidate  for  governor 
to  make  a  state-wide  campaign  for  his  nomination.  If  he  is 
nominated  he  must  again  make  a  state-wide  campaign  for  his 
election.  The  law  permits  him  to  spend  $5,000  for  the  two  cam- 
paigns, which  is  a  small  amount  when  we  consider  the  fact  that 
we  have  700,000  men  in  the  state  who  are  qualified  voters.  A 
poor  man  will  be  unable  to  meet  these  campaign  expenditures 
with  his  salary  and  have  anything  left  for  his  living  expenses. 
The  result  is,  that  he  cannot  aspire  to  the  office  unless  he  is 
willing  to  accept  campaign  contributions,  which  no  governor 
should  do.  The  office  is  of  great  importance  to  the  people  and 
its  incumbent  should  at  all  times  be  in  position  to  serve  the 
people.  In  order  to  do  this  he  must  be  free  from  any  and  all 
political  obligations,  particularly  such  obligations  as  might  be  in- 
curred by  accepting  campaign  contributions. 

The  time  that  it  requires  to  make  the  campaign  and  the  money 
which  it  costs,  which  in  many  cases  must  be  a  hardship,  could  be 
saved  if  the  governor  were  permitted  to  serve  four  years  instead 
of  two,  as  the  constitution  now  provides.  The  people  are  amply 
protected  against  a  dishonest  or,  for  that  matter,  an  incompetent 
man  who  may  at  some  time  get  the  office.  If  he  does  not  serve 
the  public  faithfully  there  is  provision  made  for  his  removal  from 
office  by  impeachment  proceedings. 

The  argument  which  I  have  presented  here  in  favor  of  a  four 
year  term  for  the  governor  applies  with  equal  force  to  the  secre- 
tary of  state,  the  state  treasurer  and  the  attorney  general.  Fur- 
thermore, these  officers  come  to  the  capitol  as  part  of  the  state 
administration,  of  which  the  governor  is  the  responsible  head. 
They  should  be  the  governor's  advisors  and  should,  therefore, 
represent  the  same  political  views  as  the  governor.  It  is  decid- 
edly injurious  to  the  state  government  and,  therefore,  a  loss  to 
the  people  if  any  of  the  departments  are  opposed  to  the  governor's 
policies  and  engage  in  political  schemes  to  make  his  administra- 


SESSION  OF  1917  177 

tion  unpopular  with  the  people.  There  is  nothing  helpful  or  con- 
structive in  that  kind  of  a  situation. 

I  might  set  forth  many  other  reasons,  if  time  and  space  would 
permit,  which  I  regard  as  strong  arguments  for  the  proposition 
that  the  secretary  of  state,  state  treasurer  and  attorney  general 
should  be  appointed  by  the  governor  instead  of  elected  and  that 
their  term  of  office  should  be  the  same  as  that  of  the  governor. 

I  recommend  that  you  pass  such  resolutions  as  are  necessary 
for  the  next  legislature  to  act  upon  to  so  amend  the  state  con- 
stitution as  to  extend  the  term  of  office  of  the  governor  from 
two  to  four  years  and  to  make  the  offices  of  secretary  of  state, 
state  treasurer,  and  attorney  general  appointive,  such  appoint- 
ments to  be  made  by  the  governor  for  a  period  that  will  corre- 
spond with  his  own  term  of  office. 

LOBBYING 

During  the  session  two  years  ago  there  was  a  pernicious  lobby 
present  that  interfered  with  the  work  of  the  legislature.  It  is 
every  citizen's  privilege  to  come  before  your  committees  to  be 
heard  upon  any  subject  in  which  he  is  personally  interested.  It 
is,  also,  every  citizen's  privilege  to  be  represented  by  counsel. 
The  law  recognizes  this  right  and  if  properly  exercised  there  can 
be  no  objection.  In  fact,  it  is  in  many  respects  desirable  because 
it  is  well  for  the  legislature  to  know  in  advance  what  effect  laws 
that  are  proposed  will  have  upon  the  people.  It  is  not  that  class 
of  lobbying  that  I  refer  to  when  I  speak  of  a  pernicious  lobby. 
It  is  the  lobbying  carried  on  by  men  who  are  open  for  hire  for 
any  cause  and  who  attempt  to  lead  members  into  combinations 
to  prevent  wholesome  legislation  for  the  people,  unless  their  own 
demand  is  submitted  too.  I  warn  you,  members,  against  such 
influences,  and  I  will  make  the  statement  now  in  order  that  all 
may  understand  it,  that  I  shall  use  all  the  powers  of  my  office 
to  resist  such  influences  and  punish  the  guilty  parties  of  the  un- 
lawful methods  that  were  employed  two  years  ago  are  again  at- 
tempted. 

SHOKT  SESSION 

Finally,  I  wish  to  remind  you  that  it  is  the  desire  of  the  people 
of  the  state  of  Wisconsin  that  your  body  and  the  governor  pro- 


178  MESSAGES  TO  THE  LEGISLATURE 

tect  them  against  reckless  extravagance  and  that  we  will  not  in- 
crease the  burden  of  taxation  beyond  what  it  is  necessary  to  do 
to  give  the  people  an  efficient  government.  I  also  hope  that  you 
will  be  impressed  with  the  suggestion  that  you  so  arrange  your 
work  that  you  will  be  able  to  adjourn  at  an  early  date  and  in 
that  manner  comply  with  the  general  public  demand  for  a  short 
session.  The  legislative  budgets  have  been  thoroughly  investi- 
gated and  carefully  prepared  and  you  should  be  able  to  dispose 
of  them  without  undue  delay. 

Two  years  ago  much  delay  was  caused  by  factional  interests 
and  political  scheming.  I  hopo  this  will  not  re-occur.  I  have  no 
personal  political  interest  that  I  ask  you  to  concur  in  or  give 
me  assistance.  I  am  serving  as  governor  for  all  the  people  and 
I  ask  only  such  legislation  as  is  in  their  interest.  There  should 
be  no  serious  disagreement  over  the  question  of  policy  if  we  have 
only  the  state's  interest  in  mind  and  I  hope,  therefore,  that  small 
politics  will  have  no  place  in  your  deliberations. 

I  shall  at  some  future  date  address  you  on  the  subject  of  fur- 
ther consolidations  of  the  work  of  state  commissions.  Also  bet- 
ter regulation  of  the  liquor  traffic. 


To  the  Honorable,  the  Senate : 

Pursuant  to  the  statute  governing,  I  hereby  nominate  and,  by 
and  with  the  advice  and  consent  of  the  senate,  appoint  George 
J.  Weigle,  of  Milwaukee,  Wisconsin,  to  be  Dairy  and  Food  Com- 
missioner, for  the  term  ending  on  the  first  Monday  in  February, 
1919. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 
Dated,  January  19,  1917.  Governor. 


To  the  Honorable,  the  Senate : 

Pursuant  to  the  statute  governing,  I  hereby  nominate  and,  by 
and  with  the  advice  and  consent  of  the  senate,  appoint  Henry 
R.  Trumbower,  of  Madison,  Wisconsin,  to  be  a  member  of  the 
Railroad  Commission  of  Wisconsin  for  the  term  ending  on  the 
first  Monday  in  February,  1923. 

Respectfully  submitted, 

"  EMANUEL  L.  PHILIPP, 
Dated  January  19,  1917.  Governor. 


SESSION  OF  1917  179 

To  lite  Honorable,  the  Legislature: 

This  is  to  formally  notify  you  that  pursuant  to  the  statute  gov- 
erning, I  have  this  day  appointed  the  following  members  of  the 
senate  and  assembly  to  constitute  the  visiting  committee : 
From  the  senate: 

Eugene  F.  Clark,  of  Galesville, 
W.  W.  Albers,  of  Wausau. 
From  the  asesmbly : 

W.  L.  Smith,  of  Neillsville, 
R.  S.  Young,  of  Darien, 
Fred  Hess,  of  Waupaca, 
Henry  J.  Janssen,  of  West  DePere. 

The  commissions  of  the  members  of  this  committee  have  been 
transmitted  to  the  sergeant-at-arms  of  the  senate  and  assembly. 
Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 
Dated,  January  26,  1917.  Governor. 


To  the  Honorable,  the  Senate: 

A  vacancy  having  occurred  in  the  membership  of  the  Tax  Com- 
mission by  the  resignation  of  Thomas  S.  Adams,  I  did,  pursuant 
to  the  statutes  governing,  on  the  10th  day  of  November,  1915,  the 
legislature  not  then  being  in  session,  appoint  Carroll  Atwood,  of 
Milwaukee,  to  fill  such  vacancy  for  the  unexpired  portion  of  the 
term  ending  on  the  first  Monday  in  May,  1919,  subject  to  con- 
firmation by  the  senate. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 
Dated,  January  30,  1917. 


To  the  Honorable,  the  Senate  : 

Pursuant  to  the  statutes  governing,  I  hereby  nominate  and,  by 
and  with  the  advice  and  consent  of  the  senate,  appoint : 

Fred  Pabst,  of  Oconomowoc,  Wisconsin,  to  be  a  member  of  the 
State  Highway  Commission,  for  the  term  ending  on  the  first  Mon- 
day in  February,  1923. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 
Dated,  January  31,  1917. 


180  MESSAGES  TO  THE  LEGISLATURE 

To  the  Honorable,  the  Senate : 

Pursuant  to  the  statute  governing,  I  hereby  nominate  and,  by 
and  with  the  advice  and  consent  of  the  senate,  appoint: 

C.  W.  Harvey,  of  Beaver  Dam,  Wisconsin,  to  be  a  member  of 
the  State  Fair  Advisory  Board  of  the  Department  of  Agriculture/ 
for  the  term  ending  on  the  first  Monday  in  February,  1921. 

G.  N.  Mihills,  of  Fond  du  Lac,  Wisconsin,  to  be  a  member  of  the 
State  Fair  Advisory  Board  of  the  Department  of  Agriculture,  for 
the  term  ending  on  the  first  Monday  in  February,  1921. 

H.  L.  Griswold,  of  West  Salem,  Wisconsin,  to  be  a  member  of  the 
State  Fair  Advisory  Board  of  the  Department  of  Agriculture,  for 
the  term  ending  on  the  first  Monday  in  February,  1921. 
Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Dated,  February  1,  1917.  Governor. 


To  the  Honorable,  the  Senate : 

Pursuant  to  the  statute  governing,  I  hereby  nominate  and,  by 
and  with  the  advice  and  consent  of  the  senate,  appoint: 

Dr.  C.  A.  Eichards,  of  Ehinelander,  Wisconsin,  to  be  a  member 
of  the  State  Board  of  Health  and  Vital  Statistics,  for  the  term 
ending  on  the  first  Monday  in  February,  1924. 
Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 
Dated,  February  13,  1917.  Governor. 


To  the  Honorable,  the  Legislature : 

I  herewith  return  bill  No.  416,  A.,  without  my  approval.  This 
bill  authorizes  county  boards  to  appropriate  to  a  private  person  or 
corporation  not  to  exceed  five  hundred  dollars  to  aid  in  the  con- 
struction or  operation  of  a  ferry  located  in  the  county  making  the 
appropriation.  It  also  legalizes  any  appropriation  heretofore  made 
for  any  such  purpose. 

The  supreme  court  of  this  state  early  laid  down  the  just  prin- 
ciple, that  the  legislature  could  not  raise  money,  or  authorize 
it  to  be  raised,  by  taxation,  for  the  purpose  of  donating  it  to  a 
private  person  or  corporation.  Money  can  be  raised  by  taxation 
for  public  purposes  only. 

As  was  said  by  Chief  Justic  Ryan  in  Attorney  vs.  Eau  Claire, 
37  Wis.  436.  "The  legislature  can  delegate  the  power  to  tax  to 
municipal  corporations  for  public  purposes  only;  and  the  va- 


SESSION  OF  1917  181 

lidity  of  the  delegation  rests  on  the  public  purpose.  Were  this 
otherwise  municipal  taxation  might  well  become  municipal 
plunder." 

An  act  of  the  legislature  of  1867,  which  authorized  Fond  du 
Lac  county  to  donate  money  to  the  Sheboygan  and  Fond  du  Lac 
Railroad  Company  to  aid  in  building  a  railroad  from  Fond  du 
Lac  to  Ripon,  was  held  unconstitutional. 

Whiting  vs.  Sheboygan  and  Fond  du  Lac  Railroad  Com- 
pany, 25  Wis.  167. 

Another  act  of  the  same  legislature,  authorizing  the  town  of 
Jefferson,  in  Jefferosn  county,  to  raise  five  thousand  dollars  to 
aid  in  the  erection  of  buildings,  for  the  Jefferson  Liberal  Insti- 
tute, a  private  educational  institution,  was  held  unconstitutional. 

Curtis  vs.  Whipple,  24  Wis.  350. 

The  action  of  the  county  board  of  Douglas  county,  in  deeding  to 
the  Northern  Pacific  Railroad  Company  certain  lands  belonging 
to  the  county  upon  condition  that  the  railroad  company  build  a 
line  of  road  into  said  county,  was  held  void. 

Ellis  vs.  Northern  Pacific  Railroad  Company,  77  Wis.  114. 

An    act    of    the    legislature    of    1895,    providing    that   habitual 

drunkards  might  be  sent  to  some  institute  for  the  cure  of  drunkards 

and  treated  there   at  the   expense   of   the  county   of  which   the 

drunkard  was  a  resident,  was  held  unconstitutional. 

Wisconsin  Keeley  Institute  Company  vs.  Milwaukee  County, 

95  Wis.  153. 

And  a  subsequent  act  of  the  legislature  appropriating  state  funds 
to  pay  innocent  purchasers  of  county  orders  issued  to  such  institu- 
tion in  payment  of  treatment  of  drunkards  was  held  unconstitu- 
tional. 

State  ex  rel.  Garrett  vs.  Froehlich,  118  Wis.  129. 
If  the  legislature  cannot  authorize  the  county  board  to  appro- 
priate money  for  this  purpose,  it    cannot  legalize  appropriations 
heretofore  made. 

Under  the  foregoing  authorities,  I  am  clearly  of  the  opinion 
that  bill  No.  416,  A.,  is  unconstitutional  and  for  that  reason  I 
return  the  same  without  my  approval. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 

Dated  at  Madison,  Wisconsin, 
April  4,  1917.     9  :55  A.  M. 


182  MESSAGES  TO  THE  LEGISLATIVE 

To  the  Honorable,  the  Senate: 

Pursuant  to  the  statute  governing,  I  hereby  nominate  and,  by 
and  with  the  advice  and  consent  of  the  senate,  appoint  L.  Albert 
Karel,  of  Kewaunee,  Wisconsin,  to  be  a  member  of  the  State  Board 
of  Public  Affairs,  for  the  term  ending  February  1st,  1919. 
Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 
Dated  April  4,  1917. 


To  the  Honorable,,  the  Senate : 

Pursuant  to  the  statute  governing,  I  hereby  nominate  and,  by 
and  with  the  advice  and  consent  of  the  senate,  appoint  George 
B.  Hudnall,  of  Superior,  Wisconsin,  to  be  a  member  of  the  State 
Board  of  Public  Affairs,  for  the  term  ending  February  1st,  1919. 
Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 
Dated  April  4,  1917. 


To  the  Honorable,,  the  Senate: 

Pursuant  to  the  statute  governing,  I  hereby  nominate  and,  by 
and  with  the  advice  and  consent  of  the  senate,  appoint  George 
A.  West,  of  Milwaukee,  Wisconsin,  to  be  a  member  of  the  State 
Board  of  Public  Affairs,  for  the  term  ending  February  1st,  1919. 
Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 
Dated  April  4,  1917. 


To  the  Honorable,  the  Senate : 

Pursuant  to  the  statute  governing,  I  hereby  nominate  and,  by 
and  with  the  advice  and  consent  of  the  senate,  appoint : 

B.  N.  Moran,  of  Rhinelander,  Wisconsin,  to  be  State  Supervisor 
of  Inspectors  of  Illuminating  Oils,  for  the  term  ending  on  April 
1st,  1919. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 
Dated,  April  26,  1917. 


SESSION  OF  1917  183 

To  the  Honorable,  the  Senate: 

I  herewith  return,  without  my  approval,  Bill  Xo.  '327,  S. 

This  bill  provides  that  it  shall  be  unlawful  for  any  pupil  attend- 
ing any  public  school  in  the  city  of  Milwaukee  to  join  any  frater- 
nity or  sorority,  except  such  as  are  sanctioned  by  the  school  board. 
It  then  provides  that  any  pupil  who  does  join  any  fraternity  or 
sorority  not  so  sanctioned  may  be  dismissed  or  suspended  from 
school,  or  prevented  from  graduating  or  participating  in  school 
honors. 

The  foregoing  provisions  of  the  bill  I  find  no  serious  fault  with. 
However,  in  addition  to  the  foregoing  provisions  the  bill  also  pro- 
vides that  any  pupil  who  shall  join  any  such  fraternity  or  sorority 
"is  hereby  declared  to  be  a  delinquent  child  and  may  be  proceeded 
against  and  dealt  with  accordingly  under  the  laws  of  this  state 
concerning  delinquent  children." 

It  also  provides  that  any  person  who  shall  cause,  solicit,  induce  or 
encourage  any  such  pupil  to  join  any  such  fraternity  or  sorority 
"shall  be  deemed  guilty  of  violating  the  laws  of  this  state  concerning 
persons  who  cause,  encourage  or  contribute  to  the  delinquency  of 
children  and  shall  be  proceeded  against  under  such  laws  and  will 
be  dealt  with  accordingly/' 

In  my  judgment  a  pupil  has  been  sufficiently  punished  for  join- 
ing a  fraternity  or  sorority  when  he  has  been  dismissed  or  sus- 
pended from  school.  But  this  bill  goes  farther  and  punishes  such 
pupil  as  a  delinquent  child. 

Under  the  laws  of  this  state,  section  573 — 6,  a  delinquent  child 
is  taken  before  the  juvenile  court  and  a  finding  there  made  and 
entered  by  the  clerk  that  such  child  is  delinquent.  Whereupon 
the  court  may  commit  the  child  to  the  care  of  a  probation  officer 
until,  if  a  girl,  she  has  reached  the  age  of  eighteen  years  and,  if  a 
boy,  the  age  of  seventeen  years;  except  that  if  a  girl  is  between 
the  ages  of  seventeen  and  eighteen,  or  a  boy  is  between  the  ages 
of  sixteen  and  seventeen,  they  are  to  continue  in  charge  of  the 
probation  officer  for  one  year;  or  the  court  may  cause  the  child 
to  be  placed  in  a  suitable  home,  other  than  its  own,  subject  to  the 
supervision  of  the  probation  officer;  or  the  court  may  commit  the 
child,  if  a  boy,  to  the  Industrial  School  for  Boys,  or  if  a  girl,  to 
the  Industrial  School  for  Girls:  or  the  court  may  commit  the 
child  to  the  care  and  custody  of  some  association  or  institution 
that  will  receive  it,  embracing  in  its  object*  the  care  of  neglected, 
dependent  or  delinquent  children. 


184  MESSAGES  TO  THE  LEGISLATURE 

The  provision  of  the  bill  which  declares  the  pupil  to  be  a  delin- 
quent and  punishes  him  accordingly  gives  the  child  a  prison 
record  and  a  reputation  through  life  which,  in  my  judgment,  he 
does  not  deserve  for  the  offense  committed.  To  join  a  fraternity 
or  sorority  in  any  other  educational  institution  in  the  state  is  not 
prohibited,  but,  on  the  other  hand,  is  encouraged  by  many  of 
them.  To  say  by  law  that  the  joining  of  a  fraternity  or  sorority 
in  Milwaukee  is  a  crime  for  which  a  boy  or  girl  may  be  taken 
from  their  parents  and  placed  in  a  penal  institution,  thereby 
marring  his  or  her  entire  future  career,  is  a  proposition  so  abhor- 
rent to  me  that  I  cannot  conscientiously  give  my  approval  to  a 
bill  which  would  impose  it. 

Respectfully  submitted, 

;  EMANUEL  L.  PHILIPP, 

Governor. 

Dated,  May  2,  1917. 


To  the  Honorable,  the  Senate : 

I  herewith  return  bill  No.  367,  S.,  without  my  approval. 

As  the  law  now  stands  the  Secretary  of  State  is  required  to 
transmit,  on  April  first  of  each  year,  to  the  County  Clerk,  Sheriff 
and  Chief  of  Police  in  each  city  in  the  state  and  to  every  Village 
Clerk  making  application  therefor,  a  list  of  all  registrations  of 
automobiles,  motor  cycles  and  other  motor  vehicles  from  January 
first  up  to  that  date,  and,  during  the  months  of  June,  August, 
October  and  November  of  each  year  he  is  required  to  transmit 
supplementary  lists  to  these  same  officials.  The  cost  of  printing 
these  lists  in  1916  amounted  to  $2,051.47. 

Under  this  bill,  should  it  become  a  law,  "the  state  printing 
board  may  provide  for  more  frequent  service  and  distribution  of 
such  registry  lists  by  contract  or  otherwise  as  the  best  inter- 
ests of  the  state  and  the  most  reliable  and  frequent  distribution 
of  such  lists  requires,  at  a  cost  not  to  exceed  fifty-five  dollars  per 
thousand  licenses  registered  and  distributed." 

The  Constitution,  section  25  of  Article  IV,  provides  that  the 
legislature  shall  provide  by  law  that  all  printing  done  for  the 
state  "shall  be  let  by  contract  to  the  lowest  bidder/'  and  yet 
this  bill  provides  that  the  printing  done  under  its  provisions  may 
be  done  "by  contract  or  otherwise,  as  the  best  interests  of  the 
state  and  the  most  reliable  and  frequent  distribution  of  such 
lists  require." 


SESSION  OF  1917  185 

No  such  power  rests  with  the  legislature.  Public  printing  done 
for  the  state  must  be  done  by  contract  and  the  legislature  has  no 
power  to  enact  a  law  which  provides  that  it  may  be  done  otherwise 
than  by  contract,  even  though  the  best  interests  of  the  state  may,  in 
its  opinion,  so  require. 

I  am  advised  by  the  state  printer  that  if  in  the  future  no  more 
licenses  were  issued  and  no  more  frequent  distributions  made  than 
were  ma.de  last  year,  the  cost  thereof  at  fifty-five  dollars  per 
thousand,  the  maximum  limit  imposed  in  the  bill,  would  be 
$6,930.00,  or  an  increase  over  last  year  of  $4,878.53.  This  fact 
demonstrates  the  wisdom  of  the  constitutional  provision.  Under 
the  bill  there  is  no  limit  placed  upon  the  "more  frequent  service 
and  distribution  of  such  registry  lists."  It  would  be  possible 
under  the  provisions  of  the  bill  to  have  them  published  and  dis- 
tributed daily,  which,  of  course,  would  also  enormously  enhance 
the  present  cost  of  printing  and  distribution. 

Present  conditions  demand  that  we  practice  every  possible 
economy  in  the  administration  of  state  government,  and  I  shall 
not  agree  to  any  expenditures  that  can  be  avoided  without  seri- 
ous injury  to  the  state  service. 

Eespectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 

Dated  May  4,  1917. 


To  the  Honorable,  the  Assembly: 

I  herewith  return,  without  my  approval,  bill  No.  442,  A. 

Under  the  present  law,  the  charge  for  examinations,  views, 
fees,  appraisals,  commissions,  renewals  and  charges  of  all  kinds 
and  descriptions  in  procuring,  making  and  transacting  of  busi- 
ness connected  with  loans  secured  by  chattel  mortgages,  bills  of 
sale,  pledges,  receipts  or  other  evidences  of  debt  upon  chattel 
goods  or  property,  or  by  assignment  of  wages,  is  four  per  cent 
per  annum  on  the  original  sum  actually  loaned  for  the  time  of  the 
loan,  on  sums  of  over  one  hundred  dollars,  and  seven  per  cent  per 
annum  on  the  original  sum  actually  loaned  for  the  time  of  such 
loan,  on  sums  of  one  hundred  dollars  or  less. 

This  bill,  if  it  becomes  a  law,  would  permit  a  charge  for  these 
purposes  of  only  four  per  cent  per  annum  upon  the  original  sum 
actually  loaned  for  the  time  of  the  loan,  on  all  sums  loaned, 
whether  over  or  under  one  hundred  dollars. 


186  MESSAGES  TO  THE  LEGISLATURE 

1  am  advised  that  there  is  only  one  concern  in  the  state  that 
makes  any  extensive  loans  on  this  kind  of  security,  to-wit:  The 
Provident  Loan  Society  of  Milwaukee.  This  company  is  organ- 
ized with  eighty  thousand  dollars  capital,  and  I  am  advised  that 
it  has  not  paid  its  stockholders  dividends  averaging  more  than 
four  per  cent  per  annum  during  the  time  it  has  been  organized. 
If  this  bill  were  to  become  a  law,  it  would  reduce  the  net  earnings 
of  this  company  approximately  fifty  per  cent  and  in  the  future 
the  stockholders  would  receive  not  to  exceed  two  per  cent  per 
annum  in  dividends. 

The  amount  received  for  making  these  examinations,  etc.,  is 
entirely  absorbed  in  inaking  the  examinations,  and  this  class  of 
loans  cannot,  of  course,  safely  be  made  without  the  examinations. 

The  Provident  Loan  Society  has  been  helpful  in  protecting 
people  who  have  to  borrow  money  on  collateral  of  doubtful  value 
against  exorbitant  fees  and  charges,  amounting  in  many  cases  to 
twenty-five  per  cent  and  upwards  on  the  sum  loaned. 

In  my  judgment,  organizations  of  the  type  of  the  Provident 
Loan  Society  could  not  longer  exist  if  the  possible  return  upon 
their  investment  is  reduced  below  four  per  cent  per  annum. 

In  order  to  safeguard  the  interests  of  those  who  must  of  ne- 
cessity borrow  small  sums  of  money  upon  furniture  and  similar 
security,  and  to  protect  them  against  exorbitant  interest  and  com- 
mission charges  made  by  private  money  lenders,  I  deem  it  my 
duty  to  withhold  my  approval  of  this  bill. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 

Dated,  May  11,  1917. 


MEMORANDUM  ATTACHED  TO  BILL  No.  34,  A. 

I  am  somewhat  reluctant  to  give  my  consent  to  this  bill,  Xo. 
34,  A. 

Chapter  375  of  the  Laws  of  1903  empowered  cities  of  the  first 
class  to  engage  in  supplying  fuel  to  its  citizens.  Chapter  289  of 
the  Laws  of  1913  (now  section  959 — 116  of  the  Statutes)  author- 
izes and  empowers  cities  of  the  first  class  to  manufacture  and 
sell  ice. 

Milwaukee,  the  only  city  to  which  these  acts  applied,  has  never 
engaged  in  either  of  these  enterprises,  and,  therefore,  the  constitu- 


SESSION  OF  1917  18? 

tionality  of  the  above  acts  have  never  been  decided  by  the  courts 
of  this  state. 

The  Supreme  Court  of  Georgia  in  1910,  in  the  case  of  Holton 
vs.  Camilla,  134  Ga.  560,  held  that  an  act  of  the  legislature  of 
that  state  authorizing  the  city  of  Camilla  to  own  and  operate  an 
ice  plant  and  sell  its  products  was  constitutional. 

On  the  other  hand  the  Supreme  Court  of  Louisiana  in  1914,  in 
the  case  of  Union  Ice  &  Coal  Company  vs.  the  Town  of  Ruston, 
135  La.  898,  held  that  an  act  of  the  legislature  of  that  state  author- 
izing cities  to  own  ice  plants  and  sell  its  inhabitants  ice  was  uncon- 
stitutional, and  refused  to  follow  the  Georgia  case. 

The  late  Justice  Timlin  of  our  own  Supreme  Court,  in  the  case 
of  State  ex  rel.  Mueller  rs.  Thompson,  145  Was.  488,  in  which 
the  validity  of  an  ordinance,  proposed  under  the  so-called  "Home 
Rule  Act,"  authorizing  the  city  of  Milwaukee  to  engage  in  the 
ice  business,  was  before  the  court  for  decision,  said  in  reply  to  the 
argument  that  the  furnishing  of  ice  was  a  "municipal  affair"; 
"It  was  said  by  counsel  in  argument  that  the  furnishing  of  water 
by  a  city  to  its  inhabitants  is  a  municipal  affair;  that  ice  is  but 
frozen  water;  hence  the  furnishing  of  ice  must  be  a  municipal 
affair.  But  things  which  are  similar  from  a  physical  or 
chemical  viewpoint,  may  be  dissimilar  from  the  legal  viewpoint; 
under  a  statute  authorizing  a  city  to  buy  coal  it  probably  could  not 
buy  diamonds,  although  it  is  said  they  are  chemically  identical. 
Xeither  is  atmospheric  gas  passed  through  a  varying  aperture  and 
articulated  by  varying  contracts  always  equivalent  to  argument. 
The  difference  between  the  collection  and  distribution  of  water 
mains  of  pipes  laid  in  tbe  streets  and  the  manufacture,  sale  and 
distribution  of  ice  is  that  the  first  is  in  the  nature  of  a  monopoly, 
while  the  second  is  a  competitive  business  enterprise.  The  first 
does  not  depend  so  largely  upon  skill  in  management." 

The  court  did  not  in  this  case  decide  whether  the  ordinance  if 
passed  would  be  constitutional  or  not,  but  held  that  the  "home 
rule"  act  under  which  the  ordinance  was  proposed,  was  uncon- 
stitutional. 

Regarding  municipalities  engaged  in  the  coal  business  the  Justice 
of  the  Supreme  Court  of  Massachusetts  twice  advised  the  legis- 
lature of  the  state  that  it  would  not  constitutionally  authorize  local 
municipalities  to  engage  therein.  155  Mass.  601 ;  182  Mass.  605. 

The  Supreme  Court  of  Michigan  also  held,  in  Baker  vs.  Grand 
Rapids,  142  Mich.  687,  tbat  the  buying  and  selling  of  coal  was  not 


188  MESSAGES  TO  THE  LEGISLATURE 

a  public  purpose  and,  therefore,  the  legislature  could  not  legally 
authorize  a  city  to  engage  in  it." 

On  the  other  hand,  the  Supreme  Court  of  Maine,  in  Lauglilin 
vs.  Portland,  111  Me.  486,  held  that  the  buying  and  selling  of 
fuel  was  a  public  purpose  and,  therefore,  an  act  authorizing  cities 
of  that  state  to  engage  therein  was  constitutional. 

In  view  of  these  conflicting  decisions  of  Supreme  Courts  of  other 
states  and  there  being  no  decisions  of  our  own  Supreme  Court 
squarely  on  the  subject,  and  as  this  bill  only  adds  to  the  class  of 
cities  which  may  engage  in  the  ice  and  fuel  business,  I  have  thought 
it  the  best  and  wisest  course  to  pursue  to  sign  the  bill  and  leave 
its  constitutionality  to  the  courts  to  determine. 

(Signed)  EMANUEL  L.  PHILIPP, 

May  14,  1917.  Governor. 


MEMOKANDUM  ATTACHED  TO  BILL  No.  141,  S. 

I  have  approved  Bill  No.  141,  S.  The  general  principles  em- 
bodied in  this  bill  meet  with  my  approval,  but  in  my  opinion 
there  should  be  some  amendments  made  to  the  act  at  this  session 
of  the  legislature.  The  amendments,  which  in  my  opinion  ought 
to  be  made,  are  the  following : 

The  bill  provides  that  parents,  guardians  or  curators  must  give 
their  consent  to  a  license  being  granted  to  males  between  the 
ages  of  eighteen  years  and  twenty-one  years,  and  females  between 
the  ages  of  fifteen  and  eighteen  years.  There  are  no  such  persons 
in  this  state  as  curators.  Therefore,  I  suggest  that  the  word 
"curators"  be  eliminated  from  the  bill. 

Section  2339n — 5  of  the  bill  provides  for  the  consent  of  parents 
or  guardians  when  the  parties  to  the  proposed  marriage  are  within 
certain  ages.  As  these  ages,  in  the  case  of  females,  do  not  coincide 
with  the  age  of  legal  majority,  there  might  be  confusion  as  the 
law  now  stands,  as  to  the  meaning  of  the  expression  "age  of  legal 
majority"  and  "minor  or  minors."  I  would  suggest  that  such 
changes  be  made  in  the  bill  as  will  remove  this  confusion. 

The  bill  provides  that  "any  person"  may  file  a.  petition  with 
the  county  court  asking  that  the  license  be  not  granted.  This  in 
my  opinion  is  too  broad.  No  person  except  a  parent,  a  near 
relative  or  a  guardian  should  have  the  legal  right  to  file  objections 
to  the  license  being  granted.  If  the  words  "any  person"  are 
retained,  it  would,  in  my  opinion,  afford  meddlesome  and  other 
persons,  for  mercenary  or  other  unworthy  motives,  an  opportunity 


SESSION  OF  1917  189 

to  file  objections,  which  ought  not  to  be  permitted.  I  suggest 
that  the  words  "any  person"  be  stricken  out  of  section  2339n — 6, 
and  the  words  "any  parent,  grandparent,  brother,  sister  or  guardian 
of  the  applicants  for  such  license"  be  inserted. 

The  bill  provides  that  the  county  court,  upon  objection  being 
filed,  shall  serve  notice  forthwith  upon  the  applicants  for  such 
license.  One  or  both  of  the  applicants  may  be  non-residents  of  the 
state,  and,  therefore,  it  would  be  impossible  to  serve  notice  upon 
them.  I  would  suggest  that  the  act  be  so  amended  as  to  provide 
that  notice  be  served  upon  one  or  both  applicants  if  residents  of 
this  state,  but  if  both  or  either  of  said  applicants  are  non-residents 
of  the  state,  then  service  should  be  made  by  publication  or  posting. 

The  act  provides  that  if,  upon  hearing,  the  objections  be  sus- 
tained, the  court  shall  make  an  order  refusing  the  license.  I 
would  suggest  that  this  language  be  so  changed  as  to  make  it 
clear  that  the  court  cannot  sustain  the  objections  unless  it  be  for 
fraud  or  some  of  the  legal  grounds  which  would  make  the  parties 
incompetent  to  marry. 

Section  2339n — 18  of  the  bill  provides  that  any  person  who  shall 
neglect  or  refuse  to  transmit  the  triplicate  certificate  of  any  mar- 
riage to  the  local  registrar  of  vital  statistics,  shall  be  fined  not 
less  than  twenty  nor  more  than  two  hundred  dollars.  This  neglect 
may  be  entirely  innocent  and  unintentional,  and  to  impose  a  fine  of 
not  less  than  twenty  dollars  for  such  failure  would,  in  my  opinion, 
be  altogether  too  harsh.  I  would  suggest  that  the  words  "not 
less  than  twenty  dollars  nor  more  than  two  hundred  dollars"  be 
stricken  out,  and  the  words  "not  more  than  two  hundred  dollars" 
be  inserted  in  lieu  thereof. 

Section  2339n — 19  of  the  bill  provides  that  any  county  clerk 
who  shall  refuse  or  neglect  to  enter  upon  the  marriage  license 
docket  any  license  immediately  after  the  same  shall  have  been 
issued,  shall  be  fined  fifty  dollars.  Here  also  the  neglect  may 
be  entirely  innocent  and  unintentional,  and  to  fine  the  clerk  fifty 
dollars  would,  in  my  opinion,  be  too  severe.  I  suggest  that  the 
words  "of  fifty  dollars"  be  stricken  out,  and  the  words  "not  to 
exceed  fifty  dollars"  be  inserted  in  lieu  thereof. 

I  have  had  a  bill  prepared  embodying  these  amendments  which 
will  be  presented  to  the  legislature,  and  I  sincerely  hope  that  the 
same  may  be  passed  at  this  session. 

EMANTJEL  L.  PHILIPP, 

Dated,  May  14,  1917.  Governor. 


190  MESSAGES  TO  THE  LEGISLATURE 

EXECUTIVE  COMMUNICATION. 

To  the  Honorable,  the  Legislature: 

I  herewith  return,  without  my  approval,  bill  No.  482,  A.  This 
bill  authorizes  any  city  in  the  state  to  buy  and  sell  to  the  inhab- 
itants of  such  city,  any  of  the  common  necessities  of  life. 

The  legislature  has  no  constitutional  authority  to  grant  such 
power  to  cities;  neither  have  the  cities  the  constitutional  author- 
ity to  engage  in  such  business,  because  the  business  is  not  public 
in  the  constitutional  sense,  neither  is  it  one  of  the  functions  of 
government  to  engage  in  such  business. 

As  was  said  by  the. Supreme  Court  of  Massachusetts,  in  155 
Mass.  601,  "If  such  a  business  is  to  be  carried  on,  it  must  be  with 
money  raised  by  taxation.  It  is  settled  that  the  legislature  can 
authorize  a  city  or  town  to  tax  its  inhabitants  only  for  public 
purposes.  This  is  not  only  the  law  of  this  commonwealth,  but  of 
the  states  generally  and  of  the  United  States. 

"There  are  nowhere  in  the  constitution  any  provisions  which 
tend  to  show  that  the  government  was  established  for  the  pur- 
pose of  carrying  on  the  buying  and  selling  of  such  merchandise 
as,  at  the  time  when  the  constitution  Avas  adopted,  was  usually 
bought  and  sold  by  individuals,  and  with  which  individuals  were 
able  to  supply  the  community,  no  matter  how  essential  the  busi- 
ness might  be  to  the  welfare  of  the  inhabitants.  The  object  of 
the  constitution  was  to  protect  individuals  in  their  rights  to 
carry  on  the  customary  business  of  life,  rather  than  to  authorize 
the  commonwealth,  or  towns,  or  parishes,  or  precincts,  or  other 
bodies  politic,  to  undertake  what  had  usually  been  left  to  the  pri- 
vate enterprise  of  individuals." 

Chief  Justice  Ryan  of  our  own  court,  in  Attorney-General  vs. 
Eau  Claire,  37  Wis.  436,  said:  "The  legislature  can  delegate  the 
power  to  tax  to  municipal  corporations  for  public  purposes  only; 
and  the  validity  of  the  delegation  rests  on  the  public  purposes. 
Were  this  otherwise,  municipal  taxation  might  well  become  mu- 
nicipal plunder." 

It  is  true  as  was  said  by  the  Supreme  Court  of  Maine,  in 
Laughlin  vs.  Portland,  111  Me.  486:  "The  courts  have  never 
attempted  to  lay  down  with  minute  detail  and  inexorable  rule 
distinguishing  public  from  private  purposes,  because  it  would  be 
impossible  to  do  so.  Times  change.  The  wants  and  necessities  of 
the  people  change.  The  opportunity  to  satisfy  those  wants  and 


SESSION  OP  1917  191 

necessities  by  individual  effort  may  vary.  What  was  clearly  a 
public  use  a  century  ago,  may,  because  of  changed  conditions, 
have  ceased  to  be-  such  today. 

"On  the  other  hand,  what  could  not  be  deemed  a  public  use  a 
century  ago  may,  because  of  changed  economic  and  industrial 
conditions,  be  such  today." 

All  courts  of  this  country  are  agreed  that  for  a  municipality  to 
engage  in  a  general  mercantile  business  would  not  be  a  public 
purpose,  and  therefore  unconstitutional. 

The  Supreme  Court  of  Maine,  which  sustained  an  act  authoriz- 
ing cities  to  engage  in  the  ice  business,  said,  in  an  opinion  in  that 
case:  Laughlin  vs.  Portland  supra  "Taxes  cannot  be  imposed 
to  aid  a  private  enterprise  and  a  municipality  cannot  assist  in- 
dividuals or  corporations  to  establish  or  carry  on  such  business, 
either  directly  or  indirectly,  nor  can  it  engage  in  such  business 
itself" 

The  Supreme  Court  of  Maine  also,  in  58  Me.  590,  said  that 
"the  less  the  state  interferes  with  industry,  the  less  it  directs  and 
selects  the  channels  of  enterprise,  the  better.  There  is  no  safer 
rule  than  to  leave  to  individuals  the  management  of  their  own 
affairs.  Every  individual  knows  best  where  to  direct  his  labor, 
every  capitalist  where  to  invest  his  capital.  If  it  were  not  so, 
as  a  general  rule,  guardians  should  be  appointed  and  who  would 
guard  the  guardians? 

"To  give  the  power  suggested  would  be  to  enable  the  majority, 
according  to  their  own  will  and  pleasure,  to  give,  lend  and  invest 
the  capital  of  others,  and  to  the  extent  of  the  power  exercised,  it 
would  be  to  deprive  the  owners  of  the  ability  to  give,  lend  or 
invest  their  own  funds.  Let  this  be  done,  and  the  remaining 
rights  of  property  would  be  hardly  worth  the  preserving. 

"To  do  this  would  be  to  impair  or  take  away  the  inherent  and 
inalienable  right  of  'acquiring,  possessing  and  protecting  prop- 
erty'; to  deprive  men  of  their  property  neither  'by  the  judgment 
of  their  peers'  nor  'by  the  lawr  of  the  land';  to  take  private  prop- 
erty not  for  public  but  for  private  uses  without  compensation 
and  to  undermine  the  very  foundations  upon  which  all  good  gov- 
ernment rests." 

The  Supreme  Court  of  Michigan,  in  People  ex  rel.  Detroit  & 
H.  R.  Co.,  vs.  Salem,  20  Mich.  452,  said:  "Certain  things  of 
absolute  necessity  to  civilized  society,  the  state  is  precluded,  either 


192  MESSAGES  TO  THE  LEGISLATURE 

by  express  constitutional  provision  or  by  necessary  implication, 
from  providing  for  at  all;  and  they  are  left  wholly  to  the  fostering 
care  of  private  enterprise  and  private  liberality. 

"By  common  consent,  a  large  portion  of  the  most  urgent  needs 
of  society  are  relegated  exclusively  to  the  law  of  demand  and 
supply.  It  is  this  in  its  natural  operation,  and  without  the  inter- 
ference of  the  government,  that  gives  us  the  proper  proportion 
of  tillers  of  the  soil,  artisans,  manufacturers,  merchants  and  pro- 
fessional men,  and  that  determines  when  and  where  they  shall 
give  to  society  the  benefit  of  their  particular  services.  However 
great  the  need  in  the  direction  of  any  particular  calling,  inter- 
ference of  the  government  is  not  tolerated,  because,  though  it 
might  he  supplying  a  public  want,  it  is  considered  as  invading 
the  domain  that  belongs  exclusively  to  private  inclination  and 
enterprise.  We  perceive,  therefore,  that  the  term  'public  pur- 
pose' as  employed  to  denote  the  objects  for  which  taxes  may  be 
levied,  has  no  relation  to  the  urgency  of  the  public  need  or  to  the 
extent  of  the  public  benefit  which  is  to  follow.  It  is,  on  the 
other  hand,  merely  a  term  of  classification  to  distinguish  the 
object  for  which  the  government  is  to  provide,  from  those  which 
are  left  to  private  inclination,  interest  or  liberality/' 

The  Supreme  Court  of  the  United  States,  in  Citizens'  Saving 
and  Loan  Ass'n.,  vs.  Topeka,  20  Wallace  655,  said,  "None  of  the 
purposes  for  which  cities  and  towns  have  been  authorized  to 
raise  money  has  included  anything  in  the  nature  of  what  is  com- 
monly called  trade  or  commercial  business." 

The  Supreme  Court  of  Massachusetts,  in  182  Mass.  602,  said, 
"Until  within  a  few  years,  it  generally  has  been  conceded  not 
only  that  it  would  not  be  a  public  use  of  money  for  the  govern- 
ment to  expend  it  in  the  establishment  of  stores,  and  shops  for 
the  purpose  of  carrying  on  a  business  of  manufacturing  or  selling 
goods  in  competition  with  individuals,  but  also  that  it  would  be 
a  perversion  of  the  function  of  government  for  the  state  to  enter 
as  a  competitor  into  the  field  of  industrial  enterprise  with  a 
view  either  to  the  profit  that  could  be  made  through  the  income 
to  be  derived  from  the  business,  or  to  the  indirect  gain  that  might 
result  to  the  purchasers  if  prices  were  reduced  by  governmental 
competition. 

There  may  be  some  now  who  believe  it  would  be  well  if  busi- 
ness was  conducted  by  the  people  collectively,  living  as  a  com- 


SESSION  OF  1917  193 

mimity  and  represented  by  the  government,  in  the  management 
of  ordinary  industrial  affairs.  But  nobody  contends  that  such  a 
system  is  possible  under  our  constitution.  It  is  plain,  however, 
that  taxation  of  the  people  to  establish  a  city  or  a  town  in  the 
proprietorship  of  an  ordinary  mercantile  or  manufacturing  busi- 
ness would  be  a  long  step  towards  it.  If  the  business  of  furnish- 
ing provisions  and  clothing  and  other  necessaries  of  life,  were 
taken  up  by  the  government,  men  who  now  earn  a  livelihood  as 
proprietors  would  be  driven  out  of  business,  and  would  be  forced 
to  work  as  employes  in  stores  and  shops  conducted  by  the  public 
authorities." 

The  Supreme  Court  of  South  Carolina,  in  McCullough  vs. 
Brown,  41  S.  C.  220,  said,  "It  seems  to  us  clear  that  any  act  of 
the  legislature  which  is  designed  to,  or  has  the  effect  of,  embark- 
ing the  state  in  any  trade  which  involves  the  purchase  and  sale  of 
any  article  of  commerce,  is  outside  and  altogether  beyond  the 
legislative  power  conferred  upon  the  general  assembly  by  the 
constitution,  even  though  there  may  be  no  express  provision  in 
the  constitution  forbidding  such  an  exercise  of  legislative  power. 
Trade  is  net  and  cannct  properly  be  regarded  as  one  of  the 
functions  of  government.  On  the  contrary,  its  function  is  to  pro- 
tect the  citizen  in  the  exercise  of  any  lawful  employment,  the 
right  to  which  is  guaranteed  to  citizens  by  the  terms  of  the  con- 
stitution and  certainly  has  never  been  delegated  to  any  depart- 
ment of  the  government." 

The  Supreme  Court  of  Louisiana,  in  Union  Ice  and  Coal  Co. 
vs.  Ruston,  135  La.  989,  said,  "The  fact  that  shoes  and  ready- 
made  clothing  could  be  manufactured  more  cheaply  by  the  mu- 
nicipality in  connection  with  its  public  utilities,  would  not  jus- 
tify the  town  in  going  into  the  shoes  and  clothes  business." 

There  is  no  authority  in  this  country  contrary  to  the  expres- 
sion of  the  courts  in  the  foregoing  cases.  It  is  universally  con- 
ceded that  municipalities  cannot  engage  in  business  such  as  this 
bill  contemplates,  neither  does  it  change  the  situation  to  say  that 
the  city  shall  not  engage  in  it  for  profit. 

I  am  so  clearly  of  the  opinion  that  the  bill  is  unconstitutional, 
that  I  cannot  give  it  my  approval. 

Respectfully  submitted : 

EMANUEL  L.  PHILIPP, 
Dated  Madison,  Wisconsin,  May  15th,  1917.  Governor. 


194  MESSAGES  TO  THE  LEGISLATUEE 

To  the  Honorable,  the  Legislature : 

Bill  No.  57,  A.,  popularly  known  as  the  "liquor  referendum 
bill"  is  before  me  for  approval.  I  have  given  its  provisions 
careful  consideration  and  take  this  means  of  advising  you  that 
I  cannot  agree  to  all  of  its  provisions. 

Before  discussing  my  objections  to  some  of  the  prohibitions 
that  are  incorporated  in  the  bill  I  wish  to  make  a  brief  state- 
ment with  reference  to  my  position  upon  the  question  of  ref- 
erendum. 

Generally  speaking  I  am  opposed  to  submitting  legislation  to 
the  people  for  their  adoption.  The  system  is  not  practical  be- 
cause several  prepositions  can  be  embodied  in  one  bill.  The 
people  cannot  amend  it  or  change  it  and,  in  the  end,  the  bill 
will  either  be  adopted  or  fail  upon  the  main  questions  contained 
therein.  It  may  at  the  same  time  contain  minor  provisions  that 
are  objectionable  but  are  carried  through  by  the  larger  interests. 

Furthermore,  in  1914,  the  question  of  an  amendment  to  the 
constitution  providing  for  the  initiative  and  referendum  was 
before  the  people.  It  was  thoroughly  discussed  and  was  voted 
down  by  a  vote  of  143,000  against  81,555  in  favor  of  the  proposi- 
tion. I  opposed  the  system  at  that  time  and  I  have  had  no  occa- 
sion to  change  my  mind,  as  I  still  firmly  maintain  that  this  is  a 
representative  form  of  government  and  those  who  are  selected  to 
represent  the  people  in  the  Legislature  should  legislate  for  them, 
rather  than  to  pass  that  duty  to  the  people  themselves. 

However,  to  be  entirely  fair  with  the  bill  before  us,  and  to 
give  its  friends  an  opportunity  to  submit  it  to  the  vote  of  the 
people,  I  will  waive  my  objection  to  the  referendum  generally 
and  will  approve  of  bill  No.  57,  A.,  if  certain  objectionable 
features  that  I  feel  that  I  ought  not  agree  to  are  eliminated. 

By  paragraph  (b)  of  subsection  1  of  section  1569m,  as  pro- 
posed by  the  bill,  the  manufacture  of  liquor  in  this  state  is  pro- 
hibited, although  it  is  intended  to  be  sold  in  another  state  or 
country  where  the  law  permits  of  its  sale.  Not  only  is  the  manu- 
facture prohibited,  but,  by  paragraph  (c),  no  person  in  this  state 
is  permitted  to  sell  or  have  in  his  possession  for  sale  any  liquor, 
although  it  is  for  consumption  in  another  state  or  country,  where 
the  law  permits  of  its  use. 

I  maintain  that  these  provisions  go  farther  than  it  is  neces- 
sary to  establish  prohibition  in  the  state  of  Wisconsin.  We  must 


SESSION  OF  1917  195 

not  lose  sight  of  the  fact  that  vast  sums  of  money  have  been  in- 
vested in  property  in  this  state  that  is  used  in  the  manufacture  of 
liquor,  the  larger  part  of  which  is  shipped  out  of  the  state  for  con- 
sumption in  other  states  and  in  other  countries.  The  brewing  in- 
dustry alone  in  this  state  represents  an  investment  of  approximately 
$54,000,000.00.  I  have  no  figures  available  to  show  the  invest- 
ments in  distilleries,  but  no  doubt  they  are  large  also. 

These  properties  have  been  built  up  under  sanction  of  the  law 
and  it  seems  only  fair  and  equitable  that  the  manufacture  for  ship- 
ment out  of  the  state  shall  be  permitted  to  continue,  even  though 
the  state  adopts  the  bill  before  us,  which  is  an  absolutely  "bone 
dry"  law. 

No  one  will  urge  successfully  that  the  closing  of  these  institu- 
tions in  the  state  of  Wisconsin  will  reduce  or  in  any  way  mini- 
mize the  consumption  of  liquor  in  other  states  or  other  countries 
where  the  sale  is  not  forbidden.  It  means  simply  this,  that  these 
products,  if  not  manufactured  in  Wisconsin,  will  be  manufac- 
tured elsewhere  and  the  state  of  Wisconsin  and  its  citizens  who 
are  interested  in  the  traffic  will  lose  their  investments,  without 
helping  the  cause  of  temperance  or  prohibition  anywhere. 

There  is  another  phase  of  this  question  which  we  must  con- 
sider. The  beer  brewing  and  distilling  interests  of  the  state 
employ  approximately  15,000  people,  directly  or  indirectly. 

The  men  thus  employed  are  receiving  good  wages.  The  indus- 
try is  thoroughly  unionized  and  the  working  conditions,  I  am 
told,  are  the  best  for  the  men  that  have  thus  far  been  obtained 
in  any  of  the  industries  of  the  state.  These  men  protest  against 
the  destruction  of  their  employment,  and  in  view  of  the  present 
high  cost  of  living  and  the  possible  difficulties  in  securing  re- 
munerative employment  as  we  become  further  involved  in  war 
presents  a  serious  question,  and  one  which  you,  Gentlemen  of  the 
Legislature,  must  take  into  account. 

I  wish  to  ask  the  question:  What  assurance  can  you  give 
15,000  workingmen,  whose  wages  are  now  secured  by  contract, 
that  they  shall  have  renumerative  employment  after  these  in- 
dustries are  closed? 

Insomuch  as  the  continuance  of  these  industries  for  the  pur- 
pose of  manufacturing  for  people  beyond  the  borders  of  the  state 
of  Wisconsin  cannot  and  .does  not  enter  into  the  question  of  pro- 
hibition in  this  state,  the  confiscation  of  this  property  and  the 


196  MESSAGES  TO  THE  LEGISLATURE 

taking  away  of  this  employment  must  be  considered  nothing  more 
nor  less  than  the  exercise  of  an  arbitrary  power  by  the  state  with- 
out cause  or  reason,  because  the  production  is  not  for  our  con- 
sumption and,  thcref ere,  does  not  enter  the  lives  of  our  own  people ; 
nor  will  it  reduce  the  consumption  of  liquor  in  other  sections 
where  the  sale  is  permitted. 

There  is  another  aspect  of  this  proposition  that  we  must  not 
lose  sight  of.  The  liquor  manufacturing  institutions  of  the  state 
are  among  our  largest  taxpayers.  If  we  close  the  doors  of  these 
institutions  they  become  practically  worljjfess  and  the  citizens  will 
be  called  upon  to  pay  many  hundreds  of  thousands  of  dollars  in 
taxes  that  are  now  being  paid  by  the  brewers  and  distillers.  The 
income  tax  which  these  people  pay  would  be  entirely  lost  to  the 
state,  which  last  year  amounted  to  approximately  $250,000.00, 
nearly  all  of  which  can  be  saved  if  we  will  permit  them  to  manu- 
facture and  ship  out  of  the  state,  even  though  we  forbid  the  sale 
of  their  product  in  the  state.  I  submit  that  this  is  not  a  good 
time  to  needlessly  reduce  the  taxable  property  of  the  state. 

Briefly  stated,  then,  the  argument  that  I  present  to  you  against 
this  provision  in  the  bill  is  this: 

If  adopted  by  the  people  it  will,  without  aiding  the 
cause  of  temperance,  destroy  millions  of  dollars  of  prop- 
erty in  the  state  of  Wisconsin; 

It  will  throw  approximately  15,000  men  out  of  em- 
ployment ; 

It  will  lose  to  the  state  many  hundreds  of  thousands 
of  dollars  in  taxes. 

I  am  sure  that  this  situation  will  appeal  to  the  people  of  the 
state  of  Wisconsin.  I  have  faith  in  their  business  judgment  and 
their  sense  of  fairness  and  justice.  I  know  that  they  do  not 
wish  to  harm  citizens  needlessly,  and  the  friends  of  the  bill  will 
surely  not  maintain  that  it  would  be  weakened  before  the  people 
with  these  provisions  eliminated. 

Under  these  same  provisions  of  the  bill  if  a  farmer  manufac- 
tures a  keg  of  cider,  or  wine  made  of  wild  grapes,  currants,  or 
other  fruits  for  his  own  use,  as  is  the  custom  among  our  farmer 
folk,  he  would  be  permitted  to  keep  it  only  for  his  personal  con- 
sumption. If  he  gives  any  of  it  to  any  member  of  his  family 


SESSION  OF  1917  197 

or  serves  it  on  his  table  to  his  friends  or  guests  he  would  make 
himself  liable  to  the  penalties  of  the  law. 

I  shall  not  believe  that  the  friends  of  practical  temperance 
wish  to  carry  prohibition  thus  far.  Kegulative  measures  such  as 
the  bill  we  have  before  us  should  go  no  farther  in  interfering 
with  the  habits  of  the  people  than  is  necessary  to  protect  them 
against  the  evil  results  that  follow  the  use  of  an  article,  which 
in  this  case  is  intoxicating  liquor.  The  manufacture  of  wine  for 
his  own  use  and  that  of  his  family  has  been  a  long  established 
custom  among  the  farmers  of  Wisconsin.  No  one  has  been  heard 
to  complain  that  it  has  ever  produced  drunkenness  or  any  evil 
results  against  which  the  state  should  take  drastic  action.  It 
seems  to  me  that  it  is  a  privilege  that  belongs  to  him  who  tills 
the  soil,  if  he  wishes  to  exercise  it.  It  is  his  own  product  and  it 
would  indeed  be  an  awkward  situation  if  we  by  law  create  a  situ- 
ation in  this  state  under  which  a  farmer  who  makes  a  keg  of  cider 
or  a  keg  of  wild  grape  wine  cannot  share  it  with  his  family,  but 
must  consume  it  all  himself. 

You  will  readily  observe  that  you  are  not  forbidding  the  manu- 
facture of  the  product.  You  are  merely  confining  its  use  to  the 
individual  who  actually  manufactures  it.  The  bill  should  be  cor- 
rected so  as  to  rid  the  proposed  law  of  such  a  farcical  provision. 

I  ask  you  to  recall  the  bill  promptly  and  change  its  provisions 
so  that,  if  it  be  adopted,  liquor  may  still  be  manufactured  in  the 
state  of  Wisconsin,  to  be  shipped  to  other  states  and  countries, 
and  also  amend  it  so  that  the  farmers  of  the  state  may  make 
wine  from  the  fruits  that  grow  in  the  state,  for  their  own  con- 
sumption, merely  forbidding  the  sale  of  the  same,  but  in  no  wise 
attempting  to  regulate  the  use  of  it  in  their  own  homes.  Unless 
these  suggestions  are  complied  with  I  feel  compelled  to  return 
the  bill  to  you  without  my  approval. 

I  also  have  a  suggestion  to  make  to  you,  which,  however,  I  shall 
not  insist  .upon,  with  reference  to  the  date  on  which  the  bill  shall 
be  submitted  to  a  vote  of  the  people. 

Our  country  is  in  a  state  of  war  and  the  thoughts  of  our  people 
are  occupied  almost  entirely  with  the  war  and  its  possible  conse- 
quence. It  is,  therefore,  not  a  good  time  to  submit  a  question  to 
the  vote  of  the  people,  which  may  be  affected  by  irritations  that 
are  caused  by  questions  that  have  no  direct  connection  with  the 


198  MESSAGES  TO  THE  LEGISLATURE 

liquor  traffic,  but  will,  nevertheless,  have  a  bearing  upon  the  at- 
titude of  the  people  toward  it. 

It  must  appeal  to  all  fair-minded  men  that  we  should  have  an 
unprejudiced  vote  upon  a  question  that  so  vitally  affects  the  per- 
sonal privilege  of  our  citizens.  It  would  seem  to  me  that  inso- 
much as  the  proposed  law  does  not  go  into  effect  until  July,  1920, 
that  the  bill  should  be  submitted  to  the  people  either  at  the  first 
general  election  after  the  conclusion  of  peace  with  Germany  or 
at  the  spring  election  of  1920,  if  a  definite  date  is  desired. 

I  suggest  this  change  because  I  entertain  the  hope  that  before 
another  year  passes  by,  peace  will  be  restored.  If  not  then,  surely 
before  1920.  The  people  will  then  be  in  a  frame  of  mind  to  give 
the  question  the  consideration  that  it  deserves  and  it  will  have  the 
further  advantage  that  our  soldier  boys  who  will  soon  be  called 
to  cross  the  sea  will  have  returned  and  be  able  to  participate  in 
the  election  and  register  their  will  upon  this  question. 

The  argument  that  the  next  legislature  might  repeal  this  bill 
should  receive  no  serious  consideration.  If  it  is  the  will  of  the 
people  of  Wisconsin  that  the  sale  of  liquor  be  prohibited,  I  am 
sure  that  the  bill  will  be  entirely  safe  at  the  hands  of  the  next 
legislature.  The  majority  of  the  people  have  a  right  to  make  the 
rule  with  reference  to  the  liquor  traffic  and  there  is  no  reason  to 
believe  that  a  minority  can  at  any  time  successfully  prevent  it. 

I  again  call  your  attention  to  the  fact  that  you  are  enacting  no 
new  legislation  covering  the  period  up  to  the  time  that  this  bill 
can  go  into  effect  if  it  is  adopted.  It  seems  to  me  that  if  there 
is  a  time  when  we  need  better  regulation  it  is  now  and  during 
the  period  of  the  war.  I  will  approve  any  practical  measure  that 
you  will  adopt  now  that  will  curtail  the  use  of  alcohol.  I  will 
do  this  in  the  interest  of  conservation  of  food  and  the  health  and 
morals  of  the  people. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Dated  May  17,  1917.  Governor. 


To  the  Honorable,  the  Legislature: 

I  return  herewith  bill  No.  57,  A.,  without  my  approval. 

On  May  seventeenth  I  addressed  a  message  to  you,  giving  my 
objections  to  this  bill  and  suggesting  that  you  make  certain 
changes  which  I  believed  it  to  be  my  duty  to  insist  upon.  The 


SESSION  OF  1917  199 

changes  which  I  suggested  would  in  no  way  have  affected  the 
successful  administration  of  a  prohibition  law,  if  the  people  saw 
fit  to  adopt  this  bill  which  was  to  be  submitted  to  them  for  their 
approval. 

I  asked  that  the  manufacture  of  liquor  be  permitted  to  con- 
tinue in  the  state  of  Wisconsin,  not  for  local  consumption,  but 
for  shipment  into  other  states  and  countries,  where  the  sale  of 
the  same  is  permitted.  I  also  asked  that  individuals  be  per- 
mitted to  make  wine  or  cider  of  their  own  products,  and  that 
the  law  go  no  farther  than  to  forbid  the  sale  of  the  same  and  not 
attempt  to  regulate  the  use  of  it  in  the  household  of  the  person 
who  manufactured  it. 

I  hold  these  privileges  to  be  fair  and  just,  and  that  the  arbi- 
trary destruction  of  millions  of  dollars  worth  of  property,  with- 
out good  cause,  and  the  curtailment  of  an  individual's  personal 
privileges  in  his  'home,  to  the  extent  that  this  bill  attempts  to 
regulate  them,  is  unfair,  unjust  and  vindictive. 

I  am  also  unwilling  to  agree  to  a  statute  that  will  throw  ap- 
proximately fifteen  thousand  men  out  of  employment,  if  their 
employment  is  of  such  a  nature  that  it  does  not  conflict  with  our 
own  laws  and  regulations  concerning  the  liquor  traffic. 

That  the  bill  could  have  been  amended  so  that  this  would  be 
unnecessary  cannot  be  denied,  and  it  was  with  a  view  of  having 
it  so  amended  that  I  addressed  my  message  to  you  on  the  seven- 
teenth and  requested  you  to  recall  it  for  that  purpose. 

I  will  also  again  call  attention  to  the  fact  that  the  properties 
that  would  be  affected  are  among  our  very  largest  tax  payers, 
and  that  this  is  not  a  good  time  for  the  state  to  needlessly  sacri- 
fice two  hundred  and  fifty  thousand  dollars  of  income  tax  and 
over  a  million  dollars  in  property  tax. 

Since  my  message  of  the  seventeenth  this  subject  has  been  dis- 
cussed by  the  press  and  the  people,  and,  so  far  as  I  know,  no  one 
has  attempted  to  claim  that  the  continued  use  of  the  properties 
in  question  for  the  purpose  of  manufacturing  and  shipping  into 
other  states  and  countries  would  make  it  possible  to  interfere 
with  the  successful  enforcement  of  a  prohibition  law  in  the  state 
of  Wisconsin,  if  one  is  adopted;  or  that  it  would  in  any  way 
increase  the  consumption  of  liquor  in  states  where  the  sale  of  the 
same  is  not  prohibited  by  law. 

The  undisputed  fact  is  that  the  law,  in  the  form  in  which  it 


200  MESSAGES  TO  THE  LEGISLATURE 

has  been  submitted  to  me,  would  merely  transfer  the  manufac- 
ture which  has  thus  far  been  carried  on  in  this  state  to  other 
states,  where  the  manufacture  is  permitted. 

There  can  be  no  objection,  founded  upon  good  reason,  to  the 
amendments  that  I  have  suggested.  No  member  of  the  legisla- 
ture will  maintain  that  a  bill  closing  the  liquor  manufacturing 
institutions,  or  another  bill  forbidding  the  right  of  an  individual 
to  make  either  wine  or  cider  for  his  own  use,  would  have  even  a 
remote  chance  of  passing  either  house  of  the  legislature;  nor 
would  there  be  any  thought  of  referring  either  proposition  to  a 
vote  of  the  people.  It  seems  to  me  that  if  the  promoters  of  the 
bill  had  any  respect  for  property  rights  or  personal  privileges, 
that  the  least  that  they  should  have  done  was  to  separate  the  bill 
into  three  parts,  permitting  the  people  to  vote  upon  each  propo- 
sition separately,  and  give  them  a  right  to  stop  short  of  the  de- 
struction of  property  and  the  curtailment  of  privileges  in  the 
home  if  they  saw  fit  to  do  so.  If  the  bill  had  come  to  me  in  that 
form  I  would  have  approved  it,  because  I  have  faith  in  the  sense 
of  justice  of  the  people. 

As  governor  of  all  the  people  I  shall  not  permit  myself  to  be 
moved  either  by  prejudice  or  by  political  expediency.  There  is 
no  justice  in  the  former  and  no  honest  public  service  in  the  lat- 
ter. I  offered  fair  suggestions  in  connection  with  this  bill,  which 
should  not  offend  even  the  most  ardent  prohibitionist.  The  re- 
sponsibility for  its  failure  then,  Gentlemen  of  the  Legislature, 
rests  with  the  members  who  have  promoted  it. 

In  my  message  to  you  at  the  opening  of  the  session  I  stated 
that  I  would  at  some  later  day  have  something  to  say  upon  the 
subject  of  the  regulation  of  the  liquor  traffic.  While  prohibition 
was  not  an  issue  during  the  last  campaign,  I  said,  on  several 
occasions,  that  I  believed  in  practical  temperance,  meaning 
thereby  such  laws  as  can  be  enforced  that  will  minimize  the  evils 
that  are  associated  with  the  excessive  use  of  liquor.  I  do  not  be- 
lieve in  sumptuary  laws  that  cannot  be  successfully  enforced. 
Such  laws  are  the  breeders  of  perjury  and  deception,  which  are 
infinitely  worse  in  their  effect  upon  the  morals  of  the  people  than 
the  free  use  of  liquor. 

That  public  sentiment  in  Wisconsin  is  not  ready  for  absolute 
prohibition  is,  I  think,  clearly  indicated  by  the  fact  that  but 
comparatively  few  villages,  towns  and  cities  have  gone  dry.  This 


SESSION  OF  1917  201 

despite  the  fact  that  it  is  the  privilege  of  the  people  of  every 
village,  town,  or  city  to  forbid  the  sale  of  liquor  if  they  see  fit 
to  do  so. 

The  fact  that  our  country  is  now  engaged  in  war  adds  new 
reasons  for  meeting  this  question  in  a  practical  way.  What  we 
should  do  is  to  forbid  that  which  is  most  harmful,  and  which  is 
largely  responsible  for  all  the  evils  that  grow  out  of  the  use  of 
liquor,  by  forbidding  the  use  of  ardent  intoxicating  liquors  and 
permit  only  the  use  of  mild  malt  beverages  and  light  wines. 

I  recommend  that  you  pass  a  law,  to  take  effect  no  later  than 
July  1st  next,  which  will  permit  only  the  sale  of  beer,  containing 
not  more  than  three  per  cent  alcohol,  and  wine  to  contain  no 
more  than  ten  per  cent  alcohol.  This  law  should  be  passed  as  a 
war  measure. 

I  urge  this  because  I  believe  it  to  be  the  very  best  possible  ar- 
rangement that  can  be  made  and  successfully  carried  out,  and,  in- 
somuch as  it  would  go  into  effect  immediately,  it  should  have 
the  support  of  all  moderate  prohibitionists. 

It  is  the  same  regulation  that  has  been  adopted  in  the  warring 
countries  of  Europe  and  has  been  found  to  be  successful,  and  we 
ought  to  be  able  to  learn  something  from  their  experiences.  The 
prohibition  in  Russia  was  a  prohibition  of  the  sale  or  use  of 
vodka  and  similar  ardent  spirits.  In  France  the  government 
forbids  the  use  of  absinthe,  brandy,  whisky  and  similar  ardent 
spirits,  but  light  wines  are  permitted.  In  England,  Italy,  Ger- 
many, Austria  and  the  Scandinavian  kingdoms  ardent  alcoholic 
liquors  have  been  forbidden,  and  the  moderate  use  of  malt  bev- 
erages and  light  wines  are  permitted.  I  am  sure  those  countries 
have  learned  something  by  experience  that  we  may  adopt  with 
profit. 

I  make  the  further  suggestion,  as  a  matter  of  practical  regula- 
tion, that  provision  be  made  giving  the  state  the  right  to  cancel 
any  license  that  is  issued  within  the  state  if  upon  good  and  suffi- 
cient proof  it  can  be  shown  that  the  person  conducting  such 
drinking  place  has  sold  to  a  minor,  or  to  a  person  intoxicated,  or 
to  one  to  whom  drink  is  forbidden  by  law;  and  that  such  person 
holding  such  license  shall  not  again  be  eligible  to  receive  a  re- 
newed license  within  the  state. 

I  believe  these  to  be  practical  regulations  that  will  correct 
to  a  large  extent  the  evils  associated  with  the  excessive  use  of 


202  MESSAGES  TO  THE  LEGISLATURE 

liquor,  and  will  at  the  same  time  retain  for  the  citizens  the  privi- 
leges that  I  believe  the  majority  of  the  people  of  the  state  of 
Wisconsin  desire. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 
Dated  May  22,  1917. 


To  the  Honorable,  the  Legislature: 

I  herewith  return,  without  my  approval,  Bill  No.  71,  A. 

This  bill  provides  that  the  board  of  education  of  any  city,  or 
the  district  board  of  any  school  district,  may  provide  meals  or 
lunches  for  children  attending  the  public  schools,  at  such  price, 
not  exceeding  the  cost  thereof,  as  the  board  of  education  or  the 
district  board  may  determine. 

Under  the  bill,  therefor,  boards  of  education  or  district  boards 
might  furnish  meals  and  lunches  to  school  children  at  less  than 
cost,  or  practically,  if  not  absolutely,  free. 

To  permit  boards  of  education  or  district  boards  to  furnish 
lunches  at  cost  for  school  children  while  attending  school,  is  a 
worthy  and  laudable  purpose,  and  would  meet  with  my  hearty 
approval;  but  to  permit  such  boards  to  furnish  such  meals  be- 
low cost,  or  absolutely  free,  is,  in  my  opinion,  neither  sound  pub- 
lic policy  nor  a  public  purpose,  in  the  constitutional  sense,  for 
which  taxes  may  be  levied. 

When  this  bill  reached  me  for  my  approval,  friends  of  the  bill 
were  conferred  with  and  advised  that  I  could  not  give  it  my  ap- 
proval in  its  present  form,  and  they  were  requested  to  recall  it 
for  the  purpose  of  so  amending  it,  as  to  provide  that  meals  and 
lunches  might  be  furnished  to  children  while  attending  school  at 
a  .price  equal  to  but  not  exceeding  the  cost  thereof,  or  at  a  price 
not  less  than  cost.  They  refused  to  recall  the  bill)  stating  that 
their  intention  in  introducing  it  was  to  permit  boards  of  educa- 
tion and  district  boards  to  furnish  meals  absolutely  free,  if  they 
.saw  fit  to  do  so. 

.  .1  them. had  a  resolution  , prepared  and.  introduced  in  the  as- 
sembly, recalling  the  bill  for  the. purpose  of  incorporating  these 
amendments.  The  assembly  saw  fit  to  refuse  to  adopt  this  reso- 
lution. There  is,  therefore,  no  other,  course  for  me  to  pursue,  as 
I  view  it,  but  to  return  the  bill  without  my  approval. 


SESSION  OF  1917  203 

It  will  be  noticed  that  the  bill  does  not  confine  the  furnishing 
of  free  meals  or  lunches  to  the  children  of  indigent  or  poor  par- 
ents but  embraces  all  children,  those  of  the  rich,  who  are  abund- 
antly able  to  pay,  as  well  as  those  of  the  poor,  who  might  not  be 
able  to  pay. 

If  this  legislature,  before  it  adjourns  sine  die,  will  pass  a  bill 
providing  that  boards  of  education  of  any  city  or  district  boards 
of  any  school  district,  may  provide  lunches  at  cost  for  children 
while  attending  school,  I  shall  be  pleased  to  give  it  my  approval, 
and  I  recommend  that  such  a  bill  be  introduced  and  passed. 
Dated  this  -25th  day  of  May,  1917. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 


To  the  Honorable,  the  Legislature: 

I  wish  to  call  your  attention  to  a  matter  in  which  we  can  be 
of  service  to  the  soldiers  whom  we  are  now  calling  to  the  colors, 
and  at  the  same  time  relieve  much  of  the  anxiety  which  the  par- 
ents have  for  the  welfare  of  their  boys. 

In  the  training  camps  already  established,  or  soon  to  be  es- 
tablished, large  bodies  of  men,  selected  primarily  from  the  youth 
of  the  country,  will  be  gathered  together  for  a  period  of  disci- 
pline and  training.  I  regard  it  as  the  duty  of  the  state  to  pro- 
tect these  young  men,  so  far  as  it  is  possible,  against  all  evil  in- 
fluences that  may  be  established,  or  attempted  to  be  established, 
within  their  easy  reach. 

In  order  to  place  proper  restrictions  around  the  sale  of  liquor, 
so  that  our  soldiers  will  not  be  tempted  by  it  and  we  may  keep 
the  surrounding  territory  free  from  any  form  of  vice  which  may 
be  established,  or  attempted  to  be  established,  I  recommend  that 
you  pass  a  law  which  will  create  a  zone  three  miles  in  width 
around  the  grounds  of  any  military  reservation  or  training  ground 
used  for  training  purposes,  and  that  during  the  time  that  the  said 
military  reservation  or  training  ground  is  occupied  by  soldiers, 
other  than  those  employed  regularly  as  camp  officers  or  employees, 
no  liquor  shall  be  sold  within  this  zone;  and  that  the  territory 
thus  described  shall  be  properly  policed  by  the  civil  authorities; 
and  that  no  form  of  vice  shall  be  permitted  to  exist  therein;  and 
that  any  person  who  shall  attempt  to  establish  or  carry  on  any 


204  MESSAGES  TO  THE  LEGISLATURE 

unlawful  business  within  the  described  limits  shall,   upon  trial 
and  conviction  thereof,  be  subjected  to  heavy  penalty. 

It  is  not  expected  that  any  military  training  camp  will  be  estab- 
lished in  or  near  any  city.  However,  to  protect  the  people  of 
cities  against  the  regulations  that  I  have  proposed,  I  suggest  that 
the  law  be  so  framed  as  not  to  include  any  territory  within  the 
corporate  limits  of  a  city.  I  suggest  this  for  the  reason  that  the 
law  should  not  be  used  to  interfere  with  local  regulations,  and  for 
the  further  reason  that  cities  are  policed  and  we  can  rely  upon 
the  police  force  to  render  the  desired  protection. 

I  have  recently  received  a  communication  from  the  Secretary  of 
War  in  which  he  makes  a  strong  plea  that  all  reasonable  precau- 
tions be  taken  to  protect  the  health  and  morals  of  the  soldiers,  and 
we  should  willingly  cooperate  with  the  government  in  its  efforts 
to  do  this. 

I  believe  that  the  suggestion  I  herein  make  to  you  will  insure 
such  conditions  as  the  government  desires  to  place  around  our 
army,  and  I  earnestly  request  you  to  pass  a  bill  promptly  that 
will  be  a  substantial  compliance  with  the  recommendations  con- 
tained in  this  message. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 

Dated,  May  31,  1917. 


To  the  Honorable,  the  Legislature: 

I  herewith  return  without  my  approval  bill  No.  255,  S. 

This  bill  authorizes  the  armory  board  to  expend  each  year,  in 
the  construction  of  armories,  not  to  exceed  fifteen  per  cent  of  the 
sum  appropriated  for  the  Wisconsin  National  Guard. 

The  present  annual  appropriation  for  the  guard  is  three  hun- 
dred thousand  dollars;  this  bill  increases  that  appropriation  fifty 
thousand  dollars.  On  the  basis  of  the  persent  appropriation  there 
would,  therefore,  be  used  annually  in  the  construction  of  armories 
fifty-two  thousand  five  hundred  dollars. 

In  my  message  to  you  at  the  opening  of  the  session,  I  called 
attention  to  the  fact  that  in  times  of  peace  when  we  had  mus- 
tered our  full  war  strength,  it  was  estimated  that  the  expense 
to  the  state  for  the  National  Guard  would  be  six  hundred  thou- 
sand dollars. 


SESSION  OF  1917  205 

If  the  present  war  lasts  for  any  considerable  length  of  time, 
and  there  is  no  present  indication  that  it  will  end  shoitly,  the 
annual  appropriation  to  the  Guard  will  necessarily  have  to  he 
increased  greatly  above  this  sum. 

These  increased  appropriations  will  automatically  increase  the 
authorized  amount  to  be  expended  for  armory  construction. 

While  I  realize  the  necessity  for  armories  I  feel  that  the  citi- 
zens will  be  called  upon  to  pay  for  necessary  and  unavoidable 
military  purposes,  state  and  national,  such  vast  sums,  that  all 
expenditures  for  that  purpose  which  can  possibly  be  avoided 
without  affecting  the  efficiency  of  the  troops  should  be  postponed 
until  after  the  war. 

At  the  present  time  the  state  is  maintaining  a  military  reserve 
at  Camp  Douglas  and  the  United  States  is  maintaining  one  at 
Sparta.  Most  of  the  National  Guard  during  the  time  of  war 
will  be  mobilized  at  one  or  the  other  of  these  reserves,  or  at 
others  which  will  be  established  by  the  United  States. 

The  real  necessity  for  armories  in  time  of  war  is  less  than  in 
time  of  peace. 

For  the  state  to  employ  labor  in  building  armories,  or  other 
buildings,  when  it  is  so  badly  needed  in  raising  and  harvesting 
food  products,  in  manufacture  of  munitions,  and  in  other  lines 
of  production,  made  imperative  by  the  war,  is,  in  my  judgment, 
not  only  poor  public  policy,  but  also  directly  contrary  to  the  policy 
so  far  pursued  by  the  state  to  stimulate  production. 

The  state  should  not  encourage  production  and  then  employ 
labor  needed  for  such  production  in  the  construction  of  public- 
buildings  unless  the  necessity  therefor  is  very  urgent. 

It  is,  in  my  judgment,  also  unwise  for  the  state  to  engage  in 
any  extensive  building  operations  during  the  present  high  cost 
of  materials.  In  my  message  to  you  at  the  opening  of  the  sos- 
sion,  I  said,  that  "in  view  of  the  present  high  cost  of  materials, 
I  believe  it  a  wise  policy  for  the  state  to  defer  all  building  opera- 
tions, except  such  as  are  absolutely  necessary,  to  a  time  when 
materials  can  be  secured  at  reasonable  prices."  Materials  are 
higher  now  than  they  were  at  the  time  the  message  was  written. 

For  the  reason  that  this  bill  would  add  to  the  burden  of  the 
taxpayer,  a  sum  for  military  purposes,  not  absolutely  necessary, 
at  a  time  when  he  will  be  called  upon  to  contribute  for  Avar  pur- 
poses to  the  limit  of  his  ability  to  pay;  that  it  would  take  men 


206  MESSAGES  TO  THE  LEGISLATURE 

from  the  field  of  active  production  where  they  are  so  sorely 
needed  at  the  present  time,  and  that  in  addition  it  would  com- 
pel the  state  to  purchase  materials  for  the  construction  of  build- 
ings at  a  time  when  the  cost  thereof  is  far  above  normal  prices, 
I  feel  that  I  cannot  give  it  my  approval. 

It  is  true  that  the  armory  board  is  not  compelled  by  the  terms 
of  the  bill  to  build  a  single  armory,  yet  good  faith  and  square 
dealing  would  require  the  board  to  expend  at  least  the  added 
appropriation  of  fifty  thousand  dollars  for  the  construction  of 
armories  notwithstanding  the  same  is  appropriated  to  the  board, 
according  to  the  language  of  the  bill,  "to  be  used  in  carrying  into 
effect  the  powers,  duties  and  functions"  of  the  Wisconsin  National 
Guard,  "including  the  powers,  duties  and  functions  of  the  board 
as  provided  by"  the  bill. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 

Dated,  June  4,  1917. 


MEMORANDA  ATTACHED  TO  BILL  NO.  462,  S. 

This  bill  establishes  a  tuberculosis  sanatorium  to  be  located 
north  of  the  center  line  of  the  state  and  appropriates  $75,000.00 
"for  the  purchase  of  a  site  and  the  erection  and  equipment  of 
building."  There  is  no  appropriation  whatsoever  for  equipment, 
maintenance  or  operation. 

The  state  has  invested  in  buildings  and  equipment  at  the  sani- 
torium  at  Wales  $326,995.40  and  this  institution  accommodates 
one  hundred  and  eighty  patients  only. 

If  under  this  bill  the  state  should  be  so  fortunate  as  to  find  an 
appropriate  and  practical  site  on  land  now  owned  by  the  state 
and,  therefore,  could  use  the  entire  sum  appropriated  for  build- 
ings, it  would  accommodate  forty-one  patients,  only,  if  we  figure 
the  same  cost  per  patient  as  at  Wales. 

I  feel  that  if  the  state  is  to  locate  another  state  sanatorium,  it 
should  be  of  sufficient  capacity  to  accommodate  at  least  two  hun- 
dred patients.  This,  according  to  experts,  is  the  least  number 
that  can  be  accommodated  economically  and  efficiently  in  one  in- 
stitution. To  build  an  institution  that  would  accommodate  this 
number  of  patients  would  necessitate  an  appropriation  several 
times  larger  than  that  provided  for  by  this  bill. 


SESSION  OF  1917  207 

It  is  perfectly  clear  that  no  practical  use  can  be  made  of  the 
money  appropriated  by  this  bill,  except  to  select  a  site,  until 
some  future  legislature  makes  an  additional  appropriation  for 
buildings,  an  appropriation  for  equipment,  and  also  makes  pro- 
vision for  operation  of  the  institution  after  its  construction. 

In  view  of  this  situation,  I  have  concluded  to  give  this  bill  my 
approval  so  that  a  site  may  be  selected,  but  shall  withhold  my 
approval  for  any  plans  or  contracts  for  buildings  until  such  time, 
if  it  occurs  during  my  term  of  office,  as  labor  is  not  so  badly 
needed  as  at  present  on  account  of  the  war,  and  when  the  cost  of 
materials  reaches  a  more  nearly  normal  basis;  and  not  then,  unless 
the  plans  are  such  as  will,  in  the  end,  accommodate  at  least  two 
hundred  patients. 

Dated,  this  eleventh  day  of  June,  1917. 

Eespectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 


To  the  Honorable,  the  Legislature : 

I  herewith  return,  without  my  approval,  bill  No.  383,  A. 

This  bill  permits  a  railroad  company  to  exchange  transportation 
over  its  lines  between  points  wholly  within  this  state,  or  a  distance 
of  not  more  than  two  thousand  five  hundred  miles  in  the  aggregate, 
annually,  to  any  daily  or  weekly  newspaper  published  in  the  state 
in  exchange  for  advertising,  providing  the  editor  does  not  hold 
a  public  office  of  trust  or  profit.  The  tickets  or  mileage  books  to 
be  given  to  these  newspapers  entitle  the  editor  and  members  of 
his  family  dependent  upon  him  to  ride  thereon. 

All  of  you  remember,  and  many  of  you  took  part  in  the  long 
and  bitter  contest  waged  in  this  state  over  railroad  rates,  both 
freight  and  passenger. 

In  that  contest  it  was  charged  that  the  railroads  were  guilty  of 
gross  discrimination  in  both  freight  and  passenger  rates.  It  was 
alleged  that  the  railroads  were  granting  rebates  and  other  conces- 
sions from  their  published  tariffs  and  were  issuing  transportation 
to  certain  persons,  especially  to  public  officials,  free  or  at  greatly 
reduced  rates. 

As  a  result  of  this  contest  the  legislature  of  this  state,  in  1899, 
passed  an  act  forbidding  the  giving  by  the  railroads  of  any  free 
passes  or  privileges  to  any  candidate  for,  or  incumbent  of  any 
office,  or  to  any  member  of  any  political  committee,  and  also  for- 


208  MESSAGES  TO  THE  LEGISLATURE 

bidding  these  persons  from  accepting  any  such  free  passes  or  special 
privileges  under  heavy  penalties. 

Apparently  anticipating  that  some  future  legislature  might  pass 
an  act  repealing  or  weakening  this  law,  the  people  of  the  state,  in 
1902,  adopted  a  constitutional  amendment,  hereinafter  quoted, 
which  is  in  almost  the  exact  language  of  the  act  of  1899,  thereby 
forever  putting  the  question  of  its  repeal  or  infringement  beyond 
the  power  of  any  legislature. 

Not  only  did  the  contest  result  in  both  statutory  and  constitu- 
tional enactments  prohibiting  free  passes  or  other  special  priv- 
ileges being  given  to  candidates  for,  or  incumbents  of  offices,  and 
members  of  political  committees,  hut  it  also  resulted  in  the  passage, 
in  1905,  of  the  Eailroad  Commission  Act. 

This  Act  prohibits  discriminations  in  rates,  both  freight  and 
passenger.  It  provides  that  no  railroad  shall  directly  or  indi- 
rectly, by  any  device  whatsoever,  charge,  demand,  collect  or  re- 
ceive from  any  person  a  greater,  less  or  different  compensation 
for  the  transportation  of  persons  or  property  than  that  prescribed 
in  its  published  tariffs,  or  than  it  charges,  demands,  collects  or 
receives  from  any  other  person  for  a  like  and  contemporaneous 
service.  Any  railroad  which  violates  this  provision  of  the  Act 
forfeits  from  one  hundred  dollars  to  ten  thousand  dollars,  and 
the  agent  or  officer  through  whom  the  violation  was  committed 
is  punished  by  a  fine  of  from  fifty  dollars  to  one  hundred  dollars. 

Not  only  is  the  railroad  and  its  agent  or  officer  punished  in  the 
manner  above  stated,  but  the  person  accepting  or  receiving  the 
concession  or  discrimination  is  also  punished  by  a  fine  of  from 
fifty  dollars  to  one  thousand  dollars. 

I  recite  these  facts  to  call  your  attention  to  how  the  people  of 
this  state  viewed  railroad  discrimination  a  few  years  ago,  and  how 
securely,  as  they  thought,  they  had  guarded  its  reoccurrence. 

This,  I  believe,  is  the  first  demand  which  has  been  made  upon  any 
legislature  to  pass  any  law  which  would  nullify  the  Acts  of  1899 
and  1905  and  violate  the  constitutional  mandate  of  1902.  If  this 
bill  should  become  a  law  and  the  railroads  be  permitted  to  ex- 
change transportation  for  advertising,  will  not  persons,  other  than 
editors,  who  sell  commodities  and  materials  to  railroads  ask  to  be 
allowed  by  law  to  exchange  such  commodities  and  materials  for 
transportation  ? 

How  can  the  railroads  logically  be  allowed  by  law  to  exchange 
transportation  in  payment  of  a  contract  for  one  commodity  and 


SESSION  OF  1917  209 

be  refused  by  law  to  exchange  transportation  in  payment  of  a 
contract  for  all  other  commodities  or  materials? 

Such  a  condition,  although  under  sanction  of  law,  would  be  as 
intolerable  to  the  general  public,  who  would  still  be  required  to 
pay  for  their  transportation  in  cash,  as  that  which  existed  prior 
to  the  amendment  of  the  constitution  and  the  passage  of  the 
statutes  above  cited.  It  would  on  another  contest  to  remove,  not 
illegal  discriminations,  but  discriminations  legalized  by  law. 

I  will  not  knowingly  approve  of  any  bill  which  would  destroy 
any  rights  demanded  by  the  people  after  such  a  long  and  bitter 
contest  as  was  waged  in  this  state  over  railroad  transportation. 

In  my  opinion  not  only  would  this  bill  eventually  destroy  these 
rights,  but  it  is  unconstitutional  as  well. 

The  constitution,  section  11  of  article  XIII,  provides  that  "no 
person,  association,  co-partnership,  or  corporation,  shall  promise, 
offer  or  give,  for  any  purpose,  to  any  political  committee,  or  any 
member  or  employe  thereof,  to  any  candidate  for,  or  incumbent 
of  any  office  or  position  under  the  constitution  or  laws,  or  under 
any  ordinance  of  any  town  or  municipality,  of  this  state,  or  to 
any  person  at  the  request  or  for  the  advantage  of  all  or  any  of 
them,  any  free  pass  or  frank,  or  privilege  withheld  from  any  person, 
for  the  traveling  accommodation  or  transportation  of  any  person 
or  property,  or  the  transmission  of  any  message  or  communication. 
No  political  committee,  and  no  member  or  employe  thereof,  no 
candidate  for  and  no  incumbent  of  any  office  or  position  under  the 
constitution  or  laws,  or  under  any  ordinance  of  any  town  or  muni- 
cipality of  this  state,  shall  ask  for,  or  accept,  from  any  person, 
association,  co-partnership,  or  corporation,  or  use,  in  any  manner, 
or  for  any  purpose,  any  free  pass  or  frank,  or  any  privilege  with- 
held from  any  person,  for  the  traveling  accommodation  or  trans- 
portation of  any  person  or  property,  or  the  transmission  of  any 
message  or  communication.'' 

A  violation  of  the  foregoing  provisions  of  the  constitution  con- 
stitutes bribery  and  is  punishable  accordingly. 

The  act  of  1899,  section  4552a  of  the  statutes,  provides  a  pen- 
alty of  from  one  to  five  years  in  the  state  prison  or  a  fine  of  from 
two  hundred  dollars  to  one  thousand  dollars  for  each  offense. 
Under  the  constitution,  as  well  as  by  the  statute,  both  the  party 
giving  and  the  party  receiving  or  soliciting  the  pass,  frank  .or 
privilege  are  punishable  alike. 

'Under  the  bill  it  may  be  claimed  that  the  editor  and. those  .of 


210  MESSAGES  TO  THE  LEGISLATURE 

his  family  who  are  dependent  upon  him  do  not  receive  a  free 
pass;  that  the  transportation  is  given  in  exchange  for  advertising 
and  therefore,  is  not  free.  But  by  the  statute,  section  4552a,  and 
which  is  not  expressly  repealed  or  modified  in  any  particular  by 
the  bill,  the  term  "free  pass"  includes  "any  form  of  ticket  or 
mileage  entitling  the  holder  to  travel  over  any  part  of  the  line  or 
lines  of  any  railroad  issued  to  the  holder  as  a  gift  or  in  considera- 
tion or  partial  consideration  of  any  service  performed  or  to  be 
performed  by  such  holder." 

Furthermore,  the  constitution  applied  not  only  to  free  passes, 
but  to  "any  free  pass  or  frank  or  any  privilege  withheld  from 
any  person." 

Giving  transportation  in  exchange  for  advertising  is  a  privilege 
withheld,  at  the  present  time,  by  the  railroads  from  all  persons, 
and  under  the  terms  of  the  bill  it  remains  a  privilege  withheld 
from  all  persons  except  such  editors  of  daily  or  weekly  newspapers 
published  in  this  state  as  the  railroads  saw  fit  to  issue  transporta- 
tion to. 

Under  the  constitution,  how  can  the  railroads  give  transporta- 
tion to  an  editor  of  a  daily  or  weekly  newspaper  published  in  this 
state  in  exchange  for  advertising,  provided  such  editor  is  a  member 
or  employe  of  a  political  committee,  or  a  candidate  for,  or  an  in- 
cumbent of  an  office,  when  it  withholds  transportation,  under  like 
circumstances,  from  all  other  persons,  and  especially  from  editors 
of  newspapers  which  are  published  semi- weekly,  semi-monthly, 
monthly,  bi-monthly  or  quarterly,  and  from  magazines,  trade 
journals  and  various  other  publications  which  carry  advertising  ? 

A  casual  reading  of  this  bill  and  the  constitution  will  show  that 
the  constitution  is  much  broader  and  more  conclusive  in  its  class  of 
prohibited  persons  than  is  the  bill. 

The  constitution  forbids  the  giving  by  the  railroads  of  free  passes 
or  special  privileges  "to  any  political  committee,  or  any  member 
or  employe  thereof,  to  any  candidate  for,  or  incumbent  of  any 
office  or  position  under  the  constitution  or  laws,  or  under  any 
ordinance  of  any  town  or  municipality,  of  this  state,  or  to  any 
person  at  the  request  or  for  the  advantage  of  all  or  any  of  them." 
It  likewise  forbids  any  political  committee,  or  member  or  employe 
thereof,  or  candidate  for,  or  incumbent  of  any  office  or  position 
under  the  constitution  or  laws,  or  under  any  ordinance  of  any 
town  or  municipality,  of  this  state,  to  ask  for  or  accept,  or  use, 
in  any  manner,  or  for  any  purpose  "any  free  pass  or  frank,  or  any 


SESSION  OF  1917  211 

privilege  withheld  from  any  person,  for  the  traveling  accommo- 
dation or  transportation  of  any  person."  On  the  other  hand,  the 
bill  only  inhibits  the  editor  who  "holds  a  public  office  of  trust 
or  profit"  from  receiving  transportation. 

The  bill  would  permit  an  editor  who  was  a  member  or  employe 
of  any  political  committee,  or  a  candidate  for  office,  to  accept 
transportation  not  only  for  himself,  but  for  any  member  of  his 
family  who  is  dependent  upon  him,  and  would  permit  the  railroad 
companies  to  give  such  transportation  to  an  editor  who  was  a  mem- 
ber or  employe  of  a  political  committee,  or  a  candidate  for  office, 
or  to  any  member  of  such  editor's  family  who  is  dependent  upon 
him. 

This,  in  my  opinion,  is  directly  contrary  to  the  constitutional 
mandate. 

Under  the  constitution  no  editor  of  a  daily  or  weekly  newspaper 
published  in  this  state,  if  he  is  a  member  or  employe  of  a  political 
committee,  or  candidate  for  office,  can  accept  transportation  under 
the  bill  and  not  be  guilty  of  bribery.  Neither  can  the  railroad 
give  any  such  editor  transportation  under  the  bill  and  not  be 
equally  guilty  of  bribery. 

Neither  can  any  editor,  although  he  is  not  himself  a  member 
or  employe  of  a  political  committee,  nor  a  candidate  for  office, 
ask  for  or  accept  transportation  for  any  member  of  his  family 
who  is  a  member  or  employe  of  a  political  committee,  or  a  candi- 
date for,  or  incumbent  of  any  office  or  position  under  the  con- 
stitution or  laws,  or  under  any  ordinance  of  any  town  or  muni 
cipality  of  this  state,  without  violating  the  constitution. 

In  the  particulars  herein  stated  the  bill  intrenches  upon  the 
constitution  and  is,  therefore,  in  my  opinion,  unconstitutional 
and  void  and  for  that  reason,  as  well  as  upon  grounds  of  public 
policy  I  cannot  give  it  nry  approval. 

Bespeetfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 

Dated,  Madison,  Wisconsin,  June  18,  1917. 


Gentlemen  of  the  Assembly: 

At  your  morning's  session  you  refused  to  concur  in  that  part  of 
bill  No.  665,  S.,  which  appropriated  forty-five  thousand  dollars 
for  the  purchase  of  what  is  generally  known  to  be  the  Roenner 


212  MESSAGES  TO  THE  LEGISLATURE 

I  am  in  full  accord  with  the  proposition  that  we  should  not  now 
purchase  any  property  that  is  not  absolutely  necessary  for  the 
successful  operation  of  our  public  institutions.  However,  the  build- 
ing located  upon  the  so-called  "Roemer  property"  has  for  some  years 
been  used  as  an  infirmary  by  the  university,  and,  as  matters  stand 
now,  the  university  will  probably  be  unable  to  secure  a  renewal 
of  an  option  for  purchase,  and  will  at  the  same  time  lose  the  UPC 
of  the  building. 

The  loss  of  the  control  of  this  property  leaves  the  university  with- 
out a  building  to  use  as  an  infirmary,  and  there  will  be  no  place 
where  students  may  receive  medical  attention  unless  they  go  to 
the  public  hospitals,  which  are  usually  overcrowded. 

I  feel  that  the  state  is  in  duty  bound  to  care  for  the  sick  at  the 
university  and  that  some  provision  must  be  made  to  enable  the 
management  to  do  its  duty  in  this  respect.  If  you  do  not  desire 
to  purchase  the  Roemer  property  and  continue  to  use  the  buildings 
located  thereon  for  hospital  purposes,  it  seems  to  me  that  you 
should  make  provision  for  the  immediate  construction  of  an  in- 
firmary upon  the  university  grounds  and  appropriate  a  sum  suffi- 
cient for  that  purpose,  and  authorize  the  Central  Board  of  Educa- 
tion to  rent  a  building  that  is  suitable  for  hospital  purposes  until 
the  new  building  is  completed. 

The  fall  session  of  the  university  begins  in  September,  and  it 
will  be  necessary  to  make  arrangements  for  temporary  quarters 
for  at  least  a  year. 

Whatever  your  conclusions  may  be  in  this  matter,  I  will  ask  you 

to  not  fail  to  make  some  suitable  arrangement  that  will  enable 

the  management  of  the  university ,  to  give  the  students  and  their 

parents  the  assurance  that  hospital  facilities  have  been  arranged  for. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 

Dated  at  Madison,  Wis.,  June  19,  1917. 


To  the  Honorable,  the  Legislature : 

I  have  before  me  for  my  approval  bill  No.  684,  A. 

This  bill  authorizes  the  warden  of  the  state  prison  to  make 

contracts  for  the  employment  of  convicts  in  the  construction  of 

buildings,  or  other  construction  work,  or  any  other  work  which 

may  to  him  seem  to  be  proper  work  upon  which  to  employ  convicts 


SESSION  or  1917  -  213 

outside  the  prison  walls.     I  c'annot  approve  this  bill  in  its  present 
form. 

In  my  judgment  convicts;  when  employed  outside  of  the  prison 
walls,  should  be  employed  only  in  the  building  of  highways,  work 
on  lands  owned  by  the  state,  and  in  the  construction  of  buildings 
being  erected  by  the  state;  they  should  not  be  employed  in  occupa- 
tions which  would  place  them  in  direct  competition  with  free  labor. 

Section  4927  of  the  statutes  permits  the  prisoners  to  work  in 
cultivating  the  prison  farm.  Chapter  360  of  the  laws  of  this  session 
permits  them  to  be  employed  in  putting  five  thousand  acres  of 
state  land  in  tillable  condition,  and  section  4937m  of  the  statutes 
permits  them  to  be  employed  in  the  construction  and  improvement 
of  highways. 

The  only  occupation,  therefore,  at  which  prisoners  ought,  in  my 
judgment,  to  be  employed  outside  the  prison  walls  is  covered  by 
existing  statutes,  except  the  construction  of  buildings  erected  by 
the  state.  •'•  .'^. 

I  would  therefore  suggest  that  you  recall  bill  ISTo.  684,  A.,  and  so 
amend  it  as  to  limit  the  employment  of  prisoners  to  the  purposes 
herein  indicated. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 

Dated  at  Madison,  Wisconsin,  June  20,  1917. 


To  the  Honorable,  the  Senate : 

Pursuant  to  the  statute  governing,  I  hereby  nominate  and,  by 
and  with  the  advice  and  consent  of  the  senate,  appoint : 

Honorable  Thomas  F.  Konop,  of  Green,  Wisconsin,  to  be  a  mem- 
ber of  the  Industrial  Commission  of  Wisconsin,  for  the  term  ending 
June  30,  1923. 

Eespectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 
Dated  June  21,  1917. 


To  the  Honorable,  the  Senate: 

Pursuant  to  the  statute  governing,  I  hereby  nominate  and,  by 
and  with  the  advice  and  consent  of  the  senate,  appoint : 

John  S.  Allen,  of  La,ke  Geneva,  Wisconsin,  to  be  a  member  of  the 
Railroad  Commission  of  Wisconsin  for  the  balance  of  the  unex- 


214  MESSAGES  TO  THE  LEGISLATURE 

pired  term  ending  on  the  first  Monday  in  February,  1921,  vice 
Walter  Alexander,  resigned. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 
Dated  June  21,  1917.  Governor. 


To  the  Honorable,  the  Senate : 

Pursuant  to  the  statute  governing,  I  hereby  nominate  and,  by 
and  with  the  advice  and  consent  of  the  senate,  appoint : 

Thomas  E.  Lyons,  of  Superior,  Wisconsin,  to  be  a  member  of  the 
State  Tax  Commission  for  the  term  ending  the  first  Monday  in 
May,  1925. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 
Dated  June  21,  1917.  Governor. 


To  the  Honorable,  the  Senate : 

Pursuant  to  the  statute  governing,  I  hereby  nominate  and,  by 
and  with  the  advice  and  consent  of  the  senate,  appoint: 

Edward  A.  Everett,  of  Eagle  River,  Wisconsin,  to  be  a  member 
of  the  State  Board  of  Control  of  Wisconsin,  for  the  term  begin- 
ning July  1,  1917,  and  ending  the  first  Monday  in  April,  1921. 
Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 
Dated  June  21,  1917. 


To  the  Honorable,  the  Senate : 

Pursuant  to  the  statute  governing,  I  hereby  nominate  and,  by 
and  with  the  advice  and  consent  of  the  senate,  appoint : 

F.  W.  Coon,  of  Edgerton,  Wisconsin,  to  be  a  member  of  the  State 
Civil  Service  Commission,  for  the  term  ending  June  21,  1923. 
Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 
Dated  June  21,  1917. 


To  the  Honorable,  the  Senate : 

Pursuant  to  the  statute  governing,  I  hereby  nominate  and,  by 
and  with  the  advice  and  consent  of  the  senate,  appoint: 

Sigvert  Melby,  of  Spooner,  Wisconsin,  to  be  a  member  of  the 


SESSION  or  1917  215 

State  Fair  Advisory  Board  of  the  Department  of  Agriculture,  for 
the  term  ending  the  first  Monday  in  February,  1919,  vice  W.  M. 
Rowe,  resigned. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 
Dated  June  21,  1917.  Governor. 


To  the  Honorable,  the  Legislature : 

I  transmit  herewith  the  resignation  of  the  Board  of  Lady  Man- 
agers of  the  Industrial  School  for  Girls,  located  in  the  city  of 
Milwaukee. 

Insomuch  as  that  institution  has  been  ably  cared  for  by  a  board 
of  women  who  have  given  their  services  for  years  without  pay, 
I  respectfully  request  that  you  print  this  resignation  in  your 
daily  journal  and  pass  a  joint  resolution  accepting  the  same,  and 
tender  the  thanks  of  the  people  of  this  state  to  the  women  of  this 
board  for  their  many  years  of  unselfish  devotion  to  the  interests  of 
the  girls  who  have  been  committed  to  that  institution. 
Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Dated,  June  22,  1917.  Governor. 


To  the  Honorable,  the  Senate : 

Pursuant  to  the  statute  governing,  I  hereby  nominate  and,  by 
and  with  the  advice  and  consent  of  the  senate,  appoint: 

C.  B.  Bird,  of  Wausau,  Wisconsin,  to  be  a  member  of  the  State 
Board  of  Education,  for  the  term  ending  August  first,  1918. 

Mrs.  Meta  Berger,  of  Milwaukee,  Wisconsin,  to  be  a  member  of 
the  State  Board  of  Education,  for  the  term  ending  August  first, 
1919. 

Herman  Grotophorst,  of  Baraboo,  Wisconsin,  to  be  a  member 
of  the  State  Board  of  Education,  for  the  term  ending  August 
first,  1920. 

Charles  Hill,  of  Rosendale,  Wisconsin,  to  be  a  member  of  the 
State  Board  of  Education,  for  the  term  ending  August  first,  1921. 

Frank  P.  Hixon,  of  La  Crosse,  Wisconsin,  to  be  a  member  of  the 
State  Board  of  Education,  for  the  term  ending  August  first,  1922. 
Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 

Dated  at  Madison,  Wisconsin,  June  25,  1917. 


216  MESSAGES  TO  THE  LEGISLATUBE 

MEMORANDUM  ATTACHED  TO  BILL  No.  351,  A. 

I  approve  this  bill  because  it  is  designed  to  correct  an  alleged  evil 
that  has  been  forced  upon  merchants  in  many  sections  of  the  state, 
and  for  the  further  reason  that  it  is  alleged,  and  I  think  fairly 
proven,  that  many  articles  of  merchandise  used  by  trading  stamp 
companies  to  redeem  stamps  are  of  but  little  value.  Furthermore, 
the  holder  of  the  stamps  is  confined  in  the  selection  of  goods  to  such 
articles  of  merchandise  as  the  trading  stamp  company  chooses 
to  use  in.  the  redemption  of  the  stamps,  which  compels  the  holder 
to  accept  articles  that  are  not  really  desired  and  are,  therefore, 
of  little  value  to  him. 

There  are,  however,  some  features  of  the  trading  stamp  system 
that,  in  my  judgment,  should  be  continued  and  should  be  regarded 
as  a  mere  method  of  paying  a  legitimate  discount  which  the  pur- 
chaser should  have  a  right  to  receive  and  the  merchant  a  right  to 
give  if  he  sees  fit  to  do  so. 

The  bill  allows  the  use  of  trading  stamps,  but  makes  them  re- 
deemable in  cash  only.  I  believe  that  the  law  would  serve  a  better 
purpose  if  it  were  left  optional  with  the  holder  of  the  stamps  to 
take  the  discount  in  money  or  in  merchandise  of  his  own  selection 
of  the  general  stock  carried  by  the  merchant  issuing  such  stamps. 
Merchants  are  in  the  business  of  selling  goods,  and  if  they  can 
pay  the  discounts  which  they  offer  in  goods  which  are  desired  by 
the  customer,  and  for  which  they  charge  no  more  than  the  customer 
would  be  asked  to  pay  if  he  made  the  payment  in  cash,  no  wrong 
would  be  committed,  and  I  am  of  the  opinion  that  under  such  cir- 
cumstances the  state .  might  safely  leave  the  adjustment  to  the 
merchant  and  his  customer  and  I  wish  that  the  law  could  be  so 
amended. 

Insomuch  as  the  bill  was  passed  by  an  overwhelming  vote  in 
both  houses. and  has  the  general  support  of  the  merchants  of  the 
state,  I  feel  that  I  should  not  exercise  the  veto  power,  even  though 
I  am  not  in  full  agreement  with  all  its  provisions. 

EMANUEL  PHILIPP, 

Dated,  June  26,  1917.  Governor. 


EXECUTIVE  COMMUNICATIONS 
To  the  Honorable,  the  Legislature: 

I  herewith  return  without  my  approval  bill  No.  435,  S. 

This  bill  provides  that  any  person  committing  a  crime  in  Mil- 
waukee county  the  punishment- whereof -does  not- exceed  one -year's 


SESSION  OF  1917  217 

imprisonment  in  the  state's  prison  or  county  jail,  or  a  fine  not 
to  exceed  five  hundred  dollars  or  both  such  fine  and  imprisonment, 
may  escape  the  penalty  provided  by  law  for  the  punishment  thereof 
if  the  judge  who  tried  the  case  so  orders.  While  all  persons 
who  commit  crime  in  the  state  outside  Milwaukee  county  the 
punishment  whereof  is  exactly  the  same  must  suffer  such  penalty. 

Classification  of  counties  is  permissible  under  the  constitution 
on  the  basis  of  population  if  the  classification  is  germane  to  the 
purpose  of  the  law  and  based  upon  substantial  distinctions  which 
make  one  class  really  different  from  another.  The  classification 
made  by  this  bill  is  not  germane  to  the  purpose  of  the  bill  nor 
based  upon  substantial  distinction.  The  purpose  of  the  bill  is  to 
permit  certain  criminals  to  escape  the  penalty  provided  by  the  law 
in  Milwaukee  county.  No  such  classification  is  legal.  Neither  is 
there  any  distinction  between  a  criminal  who  commits  a  crime  in 
Milwaukee  county  and  a  criminal  who  commits  a,  crime  elsewhere 
in  the  state.  Crime  is  none  the  less  a  crime  because  committed 
in  Milwaukee  county,  neither  should  the  criminal  escape  the  pun- 
ishment for  his  crime  solely  on  the  ground  that  he  committed  it 
in  Milwaukee  county. 

The  bill  provides  that  the  court  may  by  order  suspend  the 
judgment  or  stay  the  execution  thereof  after  a  person  has  been 
convicted  when  it  appears  to  the  satisfaction  of  the  trial  court 
that  the  character  of  the  defendant  taken  with  the  circumstances 
of  the  case  indicates  that  he  is  not  likely  to  again  commit  a  crime 
or  offense  against  the  law  and  that  the  public  good  does  not  re- 
quire that  he  shall  suffer  the  penalty  provided  by  law. 

The  constitution,  section  6,  article  V,  vests  the  pardoning  power 
in  the  governor  of  the  state.  The  supreme  court  of  this  state 
In  Re  Webb,  89  Wis.  354,  said  of  this  constitutional  provision  that 
"both  upon -principle  and  authority,  its  (the  court's)  right  to  sus- 
pend the  execution  of  the  sentence  after  it  has  been  pronounced 
cannot  be  sustained,  except  as  incident  to  a  review  of  the  case 
upon  a  writ  of  error,  or  upon  other  well-established  legal  grounds. 
After  sentence  given,  the  matter  within  these  limits  would  seem 
to  be  wholly  within  the  hands  of  the  executive  officers  of  the  law. 
The  sole  power  is  vested  in  the  governor  to  grant  reprieves,  com- 
mutations, and  pardons  after  conviction,  for  all  offenses  except 
treason  and  cases  of  impeachment,  upon  such  conditions  and  with 
such  restrictions  and  limitations  as  he  may  think  proper.  Const. 
Art.  V,  sec.  6.  And  the  action  of  the  court  in  the  premises,  after 


218  MESSAGES  TO  THE  LEGISLATURE 

it  had  regularly  pronounced  the  punishment  provided  by  law  for 
the  offense  in  question,  is  clearly  obnoxious  to  the  objection  that  it 
is  an  attempted  exercise  of  power,  not  judicial,  but  vested  in  the 
executive/' 

For  these  reasons  I  return  the  bill  without  my  approval. 

EMANUEL  L.  PHILIPP, 

Dated  this  27th  day  of  June,  1917.  Governor.    • 


To  the  Honorable,  the  Legislature: 

I  herewith  return,  without  my  approval,  bill  No.  420,  S. 

This  bill  appropriates  the  sum  of  two  hundred  thousand  dollars 
for  completely  constructing,  within  two  years  from  the  passage  and 
publication  of  the  act,  fire  proof  buildings  not  to  exceed  two 
stories  in  height,  on  the  grounds  of  the  southern  Wisconsin  home 
for  the  feeble-minded  and  epileptic  at  Union  Grove,  in  accordance 
with  the  specifications  for  class  four  in  the  present  plans  of  the 
institution,  and  constructing  a  power  plant  to  cost  approximately 
thirty  thousand  dollars.  The  balance  of  the  appropriation  after 
the  construction  of  the  buildings  and  power  plant  is  to  be  used 
for  furnishings  and  maintenance.  The  bill  expressly  states  that 
this  appropriation  is  in  addition  to  the  amount  already  provided 
for  in  the  budget  for  buildings  and  other  expenditures  at  Union 
Grove  for  1917  and  1918. 

The  state  already  has  appropriated  for  Union  Grove  approxi- 
mately four  hundred  fifteen  thousand  dollars.  There  will  be  avail- 
able in  the  appropriations  already  made  for  Union  Grove,  exclu- 
sive of  the  one  under  consideration,  approximately  two  hundred 
twenty-two  thousand  dollars  for  building  purposes.  When  this 
money  has  been  expended  there  will  be  a  capacity  at  that  institution 
for  one  hundred  sixty-eight  inmates. 

In  view  of  the  military  expenditures  in  prospect,  which  must 
be  given  first  consideration,  I  deem  it  unwise  to  make  any  further 
appropriations  for  the  institution  at  Union  Grove  at  this  time. 
If  the  war  continues  for  a  year  or  more  it  may  be  expected  that  the 
legislature  will  be  called  in  extraordinary  session  and  if  after  the 
buildings  that  are  now  under  construction  and  such  as  will  be 
contracted  for  within  the  next  year  are  completed,  and  the  demands 
made  for  military  purposes  have  not  exhausted  the  tax  payers' 
ability  to  pay,  a  demand  for  an  appropriation  to  add  additional 
buildings  may  be  included  in  the  call  for  a  special  session  if  it  is 
thought  wise  to  do  so. 


SESSION  OF  1917  219 

The  needs  of  the  institution  were  fully  discussed  before  the 
Committee  on  Finance  and  the  friends  of  the  bill  were  given  a 
full  and  complete  hearing.  That  committee,  composed  of  four- 
teen members  of  the  legislature,  recommended  the  bill  for  indefinite 
postponement,  with  only  two  dissenting  votes. 

I  desire  to  again  call  your  attention  to  my  message  to  you  at  the 
beginning  of  this  session,  wherein  I  said : 

"Additional  buildings  are  requested  by  the  University,  the  State 
Normal  Schools,  Stout  Institute  and  by  the  State  Board  of  Control 
for  the  charitable  and  penal  institutions. 

In  view  of  the  present  high  cost  of  material  I  believe  it  a  wise 
policy  for  the  state  to  defer  all  building  operations,  except  such 
as  are  absolutely  necessary,  to  a  time  when  material  can  be  secured 
at  reasonable  prices,  and  normal  conditions  prevail.  It  is  generally 
conceded  that  the  present  high  prices  cannot  continue  much  longer, 
especially  if  the  war  in  Europe  comes  to  an  end.  It  may  reasonably 
be  expected  that  when  the  war  is  over  there  will  be  a.  reaction  in 
business  and  some  readjustment  of  our  economic  conditions  will  take 
place.  There  is  reason  to  believe  that  during  the  period  of 
readjustment  work  will  become  scarce  and  laboring  men  will  be 
seeking  employment. 

Because  of  these  possibilities,  it  should  be  the  policy  of  the  state 
to  defer  its  building  operations,  so  fa-r  as  it  is  possible,  not  only 
in  the  interest  of  lower  prices,  but  for  the  purpose  of  providing 
employment  to  our  laboring  men  at  a  time  when  business  and 
private  industry  is  dull,  and  work  is  scarce.  Furthermore,  during 
times  when  there  is  an  abundance  of  employment  at  high  wages 
in  private  industry,  public  enterprise  should  not  compete  for  .the 
available  labor  any  more  than  is  absolutely  necessary.  It  should 
reserve  its  work  in  the  interest  of  the  workingman  for  a  time  when 
he  needs  it.  Nor  should  the  state  interfere  with  private 
industry  to  the  extent  of  curtailing  necessary  production." 

Labor  problems  are  more  difficult  now  than  they  were  at  the  time 
the  message  was  written.  The  situation  regarding  building  ma- 
terials is  no  better  now  than  it  was  then,  and  possibly  not  as  good. 
Steel  is  about  three  times  above  normal  prices.  Cement  is  twenty 
per  cent  higher.  Hardware,  lumber  and  other  material  used  in 
building  have  greatly  increased  over  normal  prices.  Money  ex- 
pended for  building  purposes  now  will  purchase  not  to  exceed  fifty 
per  cent  of  what  it  would  purchase  in  normal  times. 


220  MESSAGES  TO  THE  LEGISLATURE 

I  again  call  your  attention  to  the  fact  that  at  a  time  when  the 
country  is  involved  in  war  and  the  people  are  called  upon  to  pay 
the  tremendous  war  expenditures  is  not  an  opportune  time  for  the 
state  to  expend  money  upon  public  institutions.  Furthermore, 
the  friends  of  this  bill  should  be  willing  to  wait  until  the  state  can 
get  a  reasonable  return  for  the  money  which  is  expended.  In 
other  words,  the  state  should  not  attempt  to  erect  public  buildings 
when  the  cost  is  twice  what  it  would  be  in  normal  times. 

The  state  and  the  counties  are  now  supporting  a  population  01 
twelve  thousand  in  the  charitable  and  penal  institutions.  The 
state  opens  two  new  institutions  in  the  near  future,  including  the 
institution  provided  for  by  this  bill.  Both  institutions  require 
large  appropriations  for  operation,  which  will  add  materially  to  the 
tax  burdens. 

While  I  can  agree  with  the  friends  of  this  bill  that  it  is  desirable 
to  put  every  feeble-minded  person  in  the  state  in  the  state's  care, 
it  is,  nevertheless,  necessary,  in  view  of  the  enormous  expenditures 
which  confront  the  people  at  this  time,  to  forego  some  things  which 
are  really  desirable  and  would  be  a  good  thing  to  have  in  normal 
times. 

In  view  of  the  fact  that  the  institution  at  Union  Grove  now 
has  two  hundred  twenty-one  thousand  dollars  which  will  be  avail- 
able for  building  purposes  within  the  next  two  years,  because  of 
the  high  cost  of  building  material  and  because  of  the  scarcity  of 
labor,  and  the  further  fact  that  every  laborer  who  can  possibly  be 
spared  should  be  used  in  agriculture  and  the  preparation  of  war 
material,  I  return  this  bill  without  my  approval. 
Respectfully  submitted, 

*  EMANUEL  L.  PHILIPP, 

Governor, 

Dated  this  28th  day  of  June,  1917. 


To  the  Honorable,  the  Legislature : 

I  herewith  return  without  my  approval,  bill  No.  338,  S. 

The  purpose  of  the  author  of  this  bill  was  to  permit  common 
councils  of  cities  of  the  second,  third  and  fourth  classes  to  dispense 
with  the  offices  of  treasurer,  clerk,  comptroller,  attorne}r,  assessor, 
street  commissioner,  engineer,  and  board  of  public  works,  and 
employ  a  city  manager  to  perform  the  duties  required  by  these 
offices. 

After  its  introduction  the  bill  was  amended  by  striking  out 


SESSION  OF  1917  221 

cities  of  the  second  class  apparently  for  the  reason  that  cities  of 
that  class  should  not  be  subject  to  have  these  offices  abolished  and 
the  duties  performed  by  city  managers.  But  the  amendment  did 
more  than  this. 

The  bill  amends  section  925 — 23,  which  is  a  part  of  the  general 
charter  law  of  this  state.  This  section,  925 — 23,  is  the  only  pro- 
vision in  the  general  charter  law  which  provides  for  the  offices  of 
mayor,  treasurer,  clerk,  comptroller,  attorney,  assessor,  justices  of 
the  peace  and  constables,  physician,  street  commissioner,  chief 
of  the  fire  department,  board  of  public  works,  school  commissioners, 
policemen  and  aldermen  of  cities  of  the  second,  third  and  fourth 
classes. 

By  striking  out  cities  of  the  second  class  there  is  left  in  the  gen- 
eral charter  law  no  provision  whatever  for  these  offices  in  cities  or 
the  second  class.  In  other  words,  if  this  bill  should  become  a  law, 
there  would  be  no  provision  in  the  general  charter  law  for  any  city 
officers  in  cities  of  the  second  class. 

Obviously  the  author  of  the  amendment  did  not  have  this  anomal- 
ous situation  in  mind  when  he  offered  the  amendment,  and  ap- 
parently both  the  author  of  the  bill  as  well  as  the  members  of  the 
legislature  overlooked  the  effect  of  the  amendment  when  it  was 
adopted. 

Being  that  the  bill  as  presented  to  me  for  my  approval  would 
strike  from  the  general  charter  act  all  provisions  for  the  above 
enumerated  officers  in  cities  of  the  second  class,  I  cannot  give  it 
my  approval. 

Kespectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 


MEMORANDA  ATTACHED  TO  BILL  No.  422,  A. 

I  can  see  no  constitutional  objection  to  section  1  of  this  bill. 

The  present  law  provides  that  any  person  proposing  to  erect  a 
public  elevator  or  warehouse  shall  be  furnished  by  the  railroad, 
at  a  reasonable  rental,  a  site  upon  its  vacant  right  of  way  or 
depot  grounds. 

If  a  railroad  is  compelled  by  law  to  furnish  a  site  for  a  public 
elevator  or  warehouse,  I  can  see  no  objection  to  providing  by  law 
that  when  any  private  elevator  or  warehouse  is  situated  upon  the 
vacant  right  of  way,  such  private  elevator  or  warehouse  may  be 


222  MESSAGES  TO  THE  LEQISLATUBE 

converted  into  a  public  elevator  or  warehouse  and  remain  upon 
such  right  of  way. 

It  would  be  folly  to  compel  the  owner  of  a  private  elevator  or 
warehouse  who  desires  to  convert  his  private  elevator  or  warehouse 
into  a,  public  elevator  or  warehouse,  to  first  move  it  off  the  right 
of  way  and  then  compel  the  railroad  company  to  furnish  him  the 
same  site  for  the  same  structure  as  a  public  elevator  or  warehouse. 

Section  2  of  the  bill  is,  however,  to  my  mind,  clearly  unconstitu- 
tional. It  provides  that  every  railroad  company  shall  furnish,  ou 
its  vacant  right  of  way,  sites  for  private  elevators  or  warehouses. 

The  property  of  a  railroad  company  is  private  property,  not- 
withstanding the  fact  that  it  is  devoted  to  a  public  use.  The 
private  property  of  a  railroad  cannot  be  taken  from  it  for  a 
private  use  any  more  than  the  private  property  of  an  individual 
may  be  taken  for  private  use.  Private  property  may  be  taken 
for  a  public  use  by  paying  just  compensation  therefor,  but  private 
property  cannot  be  taken  for  a  private  use  no  matter  what  the 
compensation  may  be  that  is  to  be  paid  for  it.  These  propositions 
are  fundamental  and  do  not  need  the  citation  of  any  authorities  to 
sustain  them. 

It  would  seem  to  me  that  the  precise  question  presented  by 
section  2  of  this  bill  has  been  decided,  adversely,  by  the  Su- 
preme Court  of  the  United  States,  in  Missouri  Pacific  Railway 
Company  vs.  Nebraska,  164  U.  S.  403.  The  Supreme  Court  of 
the  United  States  said,  in  passing  upon  the  constitutionality  of 
the  statute  of  Nebraska,  whose  provisions  were  similar  to  section 
2  of  this  bill : 

"A  railroad  corporation  doubtless  holds  its  station  grounds, 
tracks  and  right  of  way  as  its  private  property,  for  the  public  use 
for  which  it  was  incorporated;  and  may,  in  its  discretion,  permit 
them  to  be  occupied  by  other  parties  with  structures  convenient  for 
the  receipt  and  delivery  of  freight  upon  its  railroad,  so  long  as  a 
free  and  safe  passage  is  left  for  the  carriage  of  freight  and  passen- 
gers. But  how  far  the  railroad  company  can  be  compelled  to  do 
so,  against  its  will,  is  a  wholly  different  question. 

"To  require  the  railroad  company  to  grant  to  the  petitioners 
a  location  on  its  right  of  way  for  the  erection  of  an  elevator  for 
the  specified  purpose  of  storing  from  time  to  time  the  grain  of 
the  petitioners  and  of  neighboring  farmers,  is  to  compel  the  rail- 
road company  against  its  will,  to  transfer  an  estate  in  part  of 
the  land  which  it  owns  and  holds,  under  its  charter,  as  its  private 


SESSION  OF  1917  223 

property  and  for  a  public  use,  to  an  association  of  private  in- 
dividuals, for  the  purpose  of  erecting  and  maintaining  a  building 
thereon  for  storing  grain  for  their  own  personal  benefit,  *  *  * 

"This  court  *  *  *  is  unanimously  of  opinion,  that  the 
order  in  question,  so  far  as  it  required  the  railroad  corporation 
to  surrender  a  part  of  its  land  to  the  petitioners,  for  the  purpose 
of  building  and  maintaining  their  elevator  upon  it,  was,  in  es- 
sence and  effect,  a  taking  of  private  property  of  the  railroad  cor- 
poration., for  the  private  use  of  petitioners.  The  taking  by  a  state 
of  the  private  property  of  one  person  or  corporation,  without  the 
owner's  consent,  for  the  private  use  of  another,  is  not  due  process 
of  law,  and  is  a  violation  of  the  Fourteenth  Article  of  Amend- 
ment of  the  Constitution  of  the  United  States." 

The  United  States  Supreme  Court,  in  Hartford  Ins.  Co.  vs. 
Chicago  &  Eailway,  175  U.  S.  91,  used  the  following  language: 
"A  railroad  corporation  holds  its  station  grounds,  railroad  tracks 
and  right  of  way,  for  the  public  use  for  which  it  is  incorporated, 
yet  as  its  private  property,  and  to  be  occupied  by  itself  or  by 
others,  in  the  manner  which  it  may  consider  best  fitted  to  pro- 
mote, or  not  to  interfere  with,  the  public  use.  It  may,  in  its 
discretion,  permit  them  to  be  occupied  by  others  with  structures 
convenient  for  the  receiving  and  delivering  of  freight  upon  its 
railroad,  so  long  as  a  free  and  safe  passage  is  left  for  the  car- 
riage of  freight  and  passengers.  And  it  must  provide  reasonable 
means  and  facilities  for  receiving  goods  offered  by  the  public  to 
be  transported  over  its  road.  But  it  is  not  obliged,  and  cannot 
even  be  compelled  by  statute,  against  its  will,  to  permit  private 
persons  or  partnerships  to  erect  and  maintain  elevators,  ware- 
houses or  similar  structures,  for  their  own  benefit,  upon  the  land 
of  the  railroad  company." 

It  will  be  noticed  by  section  2  of  the  bill  that  the  site  which 
the  railroad  company  is  to  furnish  for  the  private  elevator  or 
warehouse  is  not  limited  to  a  site  within  the  yard  limits  of  any 
station  or  terminal,  as  is  the  case  with  a  public  elevator,  but  the 
private  elevator,  under  the  terms  of  the  bill,  may  be  located  any- 
where along  the  line  of  the  railroad  company  where  there  is  a 
vacant  right  of  way. 

This  bill  was  submitted  to  the  Attorney  General  of  this  state, 
who  in  an  opinion  to  Honorable  H.  A.  Huber,  Senator  from  the 
twenty-sixth  district,  dated  May  28,  1917,  suggested  that  the 


224  MESSAGES  TO  THE  LEGISLATURE 

second  section  of  the  bill  be  omitted  on  account  of  its  probable 
unconstitutional  features,  and  advising  that  a  new  section  be 
added  in  its  place,  providing  in  substance  that  all  elevators  and 
warehouses  situated  on  the  right  of  way  of  railways  be  declared 
to  be  public  elevators  and  warehouses,  the  language  of  the  opinion 
being  as  follows: 

"I  would  suggest  that  the  second  section  be  omitted  and  that 
there  be  a  new  section  added  providing  in  substance  that  all  eleva- 
tors and  warehouses  in  which  commodities  of  any  kind  that  are 
ordinarily  shipped  in  carload  lots  are  received,  stored,  shipped 
or  handled,  and  which  are  situated  on  the  right  of  way  of  any 
common  carrier,  depot  grounds,  or  other  lands  required  or  re- 
served by  any  common  carrier  and  used  in  connection  with  its 
line  of  railroad  in  this  state,  and  all  elevators  and  warehouses 
proposed  to  be  erected  for  such  purposes  and  upon  such  sites,  are 
declared  to  be  public  elevators  or  warehouses.  With  such  a  pro- 
vision, the  first  section  would  cover  the  furnishing  of  sites,  etc. 
for  all  elevators. 

I  believe  the  suggested  change  will  do  no  more  than  to  state 
more  clearly  what  apparently  is  the  real  intent  of  this  bill,  and 
in  so  doing  will  aid  the  court  in  arriving  at  a  proper  construc- 
tion, under  which  the  proposed  law  can  be  held  constitutional." 

Notwithstanding  the  suggestion  of  the  Attorney  General,  above 
quoted,  the  Legislature  saw  fit  not  to  change  section  2  of  the  bill, 
but  passed  it  in  its  original  form.  They  apparently  had  serious 
misgivings  as  to  the  constitutionality  of  section  2  of  the  bill  be- 
cause by  section  3  of  the  bill  they  enacted  that  sections  1  and  2 
of  the  bill  were  enacted  independently  of  each  other  and  neither 
was  enacted  as  an  inducement  to  the  enactment  of  the  order. 

I  give  this  bill  my  approval  without  any  hope  or  expectation 
that  the  courts  will  hold  section  2  thereof  to  be  constitutional.  I 
do,  however,  believe  that  the  courts  will  not  hold  the  entire  act 
unconstitutional  on  account  of  section  2.  The  two  sections  of  the 
bill  are  separable  and  independent,  and  while  the  legislative  dec- 
laration as  to  sections  1  and  2  being  interdependent  is  not  bind- 
ing upon  the  courts  it  may  be,  in  the  language  of  the  Supreme 
Court  of  this  state,  in  Water  Power  Cases,  148  Wis.  page  151, 
"some  indication  of  legislative  intention." 

EMANUEL  L.  PHILIPP, 
June  29,  1917.  Governor. 


SESSION  OF  1917  225 

MEMOKANDUM  ATTACHED  TO  BILL  NO.  683,  A. 

This  bill  provides  that  the  judge  of  the  juvenile  court  or  of  the 
county  court  may  on  July  1,  1917,  appoint  a  board  of  child  wel- 
fare for  his  county  to  consist  of  three  members,  who  shall  hold 
office  at  the  pleasure  of  the  judge  making  the  appointment. 

The  bill  makes  no  provision  for  subsequent  appointments  to 
this  board.  But  as  the  members  of  the  board  are  paid  no  wages 
and  the  duties  it  is  proposed  to  impose  upon  them,  if  faithfully 
carried  out,  are  onerous,  it  will  probably  be  difficult  to  get  any- 
one to  serve  on  these  boards.  It  would  seem  that  some  of  the 
duties  imposed  upon  the  board  are  of  a  more  theoretical  than 
practical  value. 

While  I  am  not  at  all  satisfied  with  this  provision  of  the  bill, 
I  have  signed  it  on  account  of  its  other  good  features. 

EMANUEL  L.  PHILIPP, 

Dated  July  6,  1917.  Governor. 


EXECUTIVE  COMMUNICATIONS. 

To  the  Honorable,  the  Legislature: 

I  herewith  return  bill  No.  96,  A.,  without  my  approval. 

The  first  section  of  this  bill  provides  that  the  absolute  own- 
ership of  personal  property  shall  not  be  suspended  for  a  longer 
time  than  during  the  continuance  of  two  lives  in  being  "at  the 
creation  of  the  estate"  and  twenty-one  years  thereafter;  "or,  if 
such  instrument  be  a  will,"  two  lives  in  being  at  the  death  of  the 
testator  and  twenty-one  years  thereafter. 

The  second  section  of  the  bill  provides  that  in  all  other  re- 
spects future  or  contingent  interest  in  personal  property  shall 
be  subject  to  the  rules  prescribed  in  chapter  95  of  the  statutes, 
in  relation  to  future  estates  in  real  property. 

The  Wisconsin  law  of  uses  and  trusts  and  perpetuities  was 
enacted  in  Wisconsin  in  1849  and  was  copied  after  the  New  York 
law  on  those  subjects.  It  took  the  courts  of  Wisconsin,  as  well 
as  of  New  York,  fifty  years  to  settle  the  law  on  uses  and  trusts 
and  perpetuities  after  the  enactment  of  the  statute.  The  law  of 
Wisconsin  on  uses  and  trusts  and  perpetuities,  as  to  both  real 
and  personal  property,  was  finally  settled  in  this  state  about  fifteen 
years  ago,  after  long  and  expensive  litigation,  and  it  was  finally 
held  that  these  statutes  had  no  application  to  personal  property. 


226  MESSAGES  TO  THE  LEGISLATURE 

It  is  said  that  it  cost  over  one  million  dollars  in  litigation  in 
New  York  to  settle  the  law  of  uses  and  trusts  and  perpetuities 
in  that  state. 

One  can  gather  a  very  comprehensive,  as  well  as  complete, 
history  not  only  of  the  litigation  in  this  state,  but  in  New  York 
as  well  on  these  questions,  by  reading  the  cases  of  Becker  vs. 
Chester,  115  Wis.  90  and  Danforth  vs.  Oshkosh,  119  Wis.  262. 

If  this  bill  were  to  become  a  law  the  benefit  derived  from  fifty 
years  of  expensive  litigation  in  this  state  over  uses  and  trusts 
and  perpetuities  would  be  lost  and  the  whole  subject  again  thrown 
into  chaos  from  which  the  courts  and  litigants  could  emerge  only 
after  another  long  and  expensive  period  of  litigation. 

I  would  not  knowingly  permit  such  a  situation  to  arise  in  Wis- 
consin by  any  act  of  mine. 

The  common  law  doctrine  on  uses  and  trusts  and  perpetuities 
applies  both  to  real  and  personal  property. 

By  statute  in  Wisconsin,  sections  2038  and  2039,  perpetuities 
as  to  real  estate  are  prohibited  with  certain  exceptions,  but  per- 
petuities of  personal  property  are  abolished  in  this  state  and  the 
statute  of  uses  and  trusts  does  not  apply  to  personal  property. 
See  Becker  vs.  Chester,  supra,  and  cases  cited  therein,  as  well  as 
subsequent  cases. 

In  this  state  the  absolute  power  of  alienation  of  real  estate  can- 
not be  suspended  for  a  longer  term  than  two  lives  in  being  at  the 
creation  of  the  estate  and  twenty-one  years  thereafter,  except  when 
it  is  given,  granted  or  devised  to  a  charitable  use  or  to  literary 
or  charitable  organizations  which  have  been  organized  under  the 
laws  of  this  state  for  their  sole  use  and  benefit."  But  there  is  no 
limit  whatever  either  on  the  time  or  object  for  which  personal 
property  may  be  given  or  bequeathed  either  directly  or  in  trust. 

Any  person,  charitably  inclined,  may,  in  this  state  give  or  be- 
queath his  personal  property  directly,  or  in  trust,  for  any  ^purpose 
and  for  any  length  of  time  that  he  or  she  may  see  fit. 

In  my  opinion  it  is  well  that  it  is  so.  My  feeling  on  gifts 
for  charitable  purposes  are  well  expressed  by  the  supreme  court 
of  this  state  in  construing  the  will  of  Abby  S.  Harris  who  by  her 
will  gave  upwards  of  seventy-five  thousand  dollars  to  Oshkosh 
for  a  public  library.  In  construing  that  will,  in  Danforth  vs. 
Oshkosh,  supra,  the  court  says:  "Abby  S.  Harris,  by  her  will, 
now  before  us,  has  earned  the  right  that  her  name  be  writ  large 


SESSION  OF  1917  227 

among  those  who  love  their  fellow  men,  and  has  sought  to  give 
her  charity  practical  efficacy  in  a  most  wise  and  admirable  field 
and  generous  form." 

If  this  bill  were  to  become  a  law  no  person  could  give  or  will 
any  personal  property  in  trust  for  any  religious,  charitable,  lit- 
erary, educational,  or  other  purpose  whatsoever  for  a  longer  term 
than  two  lives  in  being  and  twenty-one  years  thereafter.  This,  of 
course,  would,  in  most  cases,  defeat  the  purpose  of  the  gift  or  will. 

It  will  be  noticed  that  there  are  no  exceptions  contained  in 
this  bill.  There  can  be  no  suspension  of  absolute  ownership  of 
personal  property  beyond  the  term  prescribed  by  the  bill  for  any 
purpose  whatsoever. 

The  law  against  perpetuities  (sections  2038  and  2039)  when 
first  enacted  in  this  state  did  net  contain  the  exceptions  now 
found  therein.  The  exception  as  to  charitable  and  literary  cor- 
porations was  put  into  the  statute  by  the  revision  of  1878  and 
the  exception  as  to  a  charitable  use  was  put  in  by  an  amendment 
in  1905,  after  the  decision  in  the  Danforth  case  in  1903. 

The  supreme  court  in  the  Danforth  case  said  they  were  strongly 
pressed  to  hold  that  our  statute  against  perpetuities  has  no  appli- 
cation to  grants  for  charitable  purposes."  But  they  said  "There 
is  no  express  exception  of  grants  to  charitable  uses.  The  words 
are  general,  and  only  in  defiance  of  their  literal  force  could  any 
such  exception  be  allowed."  "As  an  original  question  of  construc- 
tion, we  should  feel  entirely  clear  that  any  suspension  of  the  abso- 
lute power  of  alienation,  excepting  those  expressly  exempted  in 
the  statute  itself,  for  whatever  purpose,  charitable  or  otherwise, 
was  intended  to  be  prohibited." 

After  this  decision  the  words  "to  a  charitable  use"  were  in- 
serted in  the  statute,  as  above  stated,  so  as  to  permit  a  gift,  grant 
or  devise  "to  a  charitable  use." 

If,  therefore,  the  bill  under  consideration  should  become  a  law, 
containing  as  it  does  no  exception  whatsoever,  we  would  have 
this  situation  in  this  state:  Real  estate  could  be  given,  granted 
or  devised  in  trust  to  a  charitable  use  or  to  literary  and  charitable 
corporations  organized  under  the  laws  of  this  state  for  their  sole 
use,  without  violating  the  statute  of  uses  and  trusts  and  perpe- 
tuities, while  no  such  gift,  grant  or  bequest  could  be  made  of  per- 
sonal property. 


228  MESSAGES  TO  THE  LEGISLATURE 

There  is  no  reason  or  logic  for  such  a  condition;  public  policy 
condemns  it  and  public  opinion  would  not  approve  of  it. 

No  one,  not  even  the  friends  of  this  bill,  I  venture  to  say, 
would  desire  such  a  distinction  to  be  made  in  the  law  between 
real  and  personal  property. 

For  these  reasons  I  cannot  give  the  bill  my  approval. 
Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 
Dated  at  Madison,  Wisconsin,  July  9,  1917. 


To  the  Honorable,  the  Legislature: 

I  return  herewith  bill  No.  116,  A.,  without  my  approval. 

This  bill  must  be  considered  in  connection  with  bill  No.  499,  A. 
Together  they  make  new  rates  of  allowance  to  be  paid  by  the  state 
to  the  counties  for  the  care  of  chronic  insane  cared  for  in  county 
institutions,  and  the  amounts  that  the  counties  shall  pay  the  state 
therefor. 

Under  the  present  law  the  state  receives,  from  the  counties, 
one  dollar  and  seventy-five  cents  per  week  for  each  patient  main- 
tained in  state  hospitals  for  the  insane. 

This  rate  remains  unchanged  in  the  bills  under  consideration. 
Under  these  bills  the  rate  that  the  state  would  be  compelled  to 
pay  to  the  county  has  been  advanced  from  one  dollar  and  seventy- 
five  cents  per  week  to  two  dollars  and  twenty-five  cents,  or  an  in- 
crease of  fifty  cents  per  week  per  capita. 

This  increase  was  made  upon  the  theory  that  it  is  justified  by 
the  increased  cost  of  living.  It  cannot  be  denied  that  the  cost 
of  living  has  been  substantially  increased  and  that  such  increase 
has  naturally  affected  the  cost  of  maintaining  asylums.  However, 
state  institutions  have  been  affected  in  a  like  manner,  and  if  any 
change  is  made  in  the  allowance  made  to  the  counties  by  the  state, 
or  to  the  state  by  the  counties,  the  amount  should  be  the  same  in 
both  cases ;  in  fact,  if  the  state  is  to  be  adequately  compensated  for 
the  service  that  it  renders  it  is  entitled  to  a  higher  rate  than  are 
the  counties. 

The  patients  in  the  state  institutions  are  largely  acute  cases, 
that  require  medical  and  nursing  attention.  The  state  institu- 
tions are  equipped  with  adequate  medical  and  nursing  service  and 
have  many  other  expenditures  which  the  county  asylums,  which 


SESSION  OF  1917  229 

are  merely  custodian  institutions,  do  not  have.  The  inmates  of 
county  asylums  are,  in  the  main,  the  so-called  chronic  insane  and 
do  not  require  the  attention  that  is  given  to  the  acute  cases  by 
the  state  in  state  hospitals  because  of  the  fact  that  the  latter 
patients  are  not  hopeless  and  every  effort  must  be  made  to  restore 
their  health,  which  must  of  necessity  add  much  to  the  cost. 
Furthermore,  many  of  the  chronic  insane,  who  are  in  county 
hospitals,  are  employed  at  farm  work  where  they  are  able  to 
earn  at  least  a  part  of  the  cost  of  their  maintenance. 

If  the  state's  interest  had  been  properly  protected  in  this  bill 
by  giving  it  the  same  increased  allowance  that  is  given  to  the 
county,  the  proposed  law  would  not  have  produced  as  great  an 
inequality  and  I  would  have  given  it  my  approval.  However,  under 
this  bill  and  the  provisions  of  bill  No.  499,  A.,  the  increased  cost 
to  the  state  for  the  care  of  the  insane  would  be  more  than  three 
hundred  thousand  dollars  for  the  next  biennium.  In  view  of  the 
large  military  expenditures  which  the  state  treasury  must  meet,  I 
cannot  agree  to  permit  the  additional  expenditures  provided  in 
this  bill  and  in  No.  499,  A.,  to  be  saddled  on  the  state  treasury. 

Respectfully  submitted, 

EMANTJEL  L.  PHILIPP, 

Governor. 

Dated  at  Madison,  Wisconsin,  July  13,  1917. 


To  the  Honorable,  the  Legislature: 

I  return  hereAvith,  without  my  approval,  bill  No.  437,  S. 

My  objections  to  this  bill  are  manifold. 

The  bill  repeals  all  the  provisions  of  the  present  statutes  for 
appeals  from  the  county  courts  to  the  circuit  courts  in  probate 
matters,  and  provides  that  all  such  appeals  shall  hereafter  be 
taken  directly  to  the  supreme  court. 

To  provide  that  appeals  may  be  taken  direct  to  the  supreme 
court  from  the  seventy-one  county  courts,  in  all  probate  matters, 
would  greatly  increase  the  work  of  that  court.  On  account  of 
excessive  work,  the  supreme  court  has  been  increased  in  recent 
years  from  three  members  to  its  present  membership  of  seven. 
If  this  bill  were  to  become  a  law  the  number  of  judges  of  the  su- 
preme court  would  necessarily  have  to  be  increased,  to  dispose  of 
the  additional  number  of  cases  they  would  be  called  upon  to  de- 
cide. This,  in  my  judgment,  would  not  only  increase  the  mem- 


230  MESSAGES  TO  THE  LEGISLATURE 

bership  of  that  court  beyond  the  number  that  an  appellate  court 
should  consist  of,  but  would  increase  the  expense  to  the  state,  and 
without  any  benefit  whatsoever  to  litigants;  in  fact,  the  cost  to 
litigants,  as  hereinafter  set  forth,  would  be  increased. 

There  are  county  judges  in  the  state  who  are  not,  and  under 
the  statutes  are  not  required  to  be,  practicing  attorneys.  In  my 
judgment  it  would  be  unwise  to  permit  an  appeal  directly  to  the 
supreme  court  from  a  court  which  is  presided  over  by  a  judge 
who  is  not  a  practicing  attorney. 

By  the  bill,  appeals  are  permitted  to  be  taken  directly  from 
the  county  court  to  the  supreme  court  from  all  orders  allowing 
or  disallowing  any  claim  against  the  estate  of  a  deceased  person, 
where  the  amount  in  dispute  is  over  twenty  dollars.  At  the 
present  time  such  appeals  go  direct  to  the  circuit  court  of  the 
county  in  which  the  county  court  is  located. 

This  method  of  appeal  affords  litigants  an  easy  and  compara- 
tively inexpensive  method  of  reviewing  orders  and  judgments  of 
the  county  court  where  the  amount  involved  is  comparatively 
small.  An  appeal  to  the  supreme  court  is  expensive  and  cannot 
be  taken  without  financial  loss  to  litigants  unless  a  substantial 
amount  is  involved  in  the  litigation. 

If  appeals  to  the  circuit  courts  are  to  be  abolished  and  all  ap- 
peals denied  except  directly  to  the  supreme  court,  it  would  mean 
practically  a  denial  of  all  appeals  from  the  decision  of  the  county 
court  where  the  amount  involved  was  not  sufficient  to  warrant 
the  expense  necessarily  incident  to  appealing  to  the  supreme  court. 

The  bill  under  consideration  provides  for  jury  trials  in  all 
will  contests  in  the  county  court;  the  verdict  of  the  jury  is  not 
advisory  and  special  verdicts  are  denied.  Yet  in  the  trial  of  a 
will  contest  in  the  circuit  court,  the  verdict  of  a  jury,  is  advisory 
and  special  verdicts  are  permitted. 

This  certainly  is  an  anomalous  situation  when  we  consider  that 
the  bill  provides  that  in  will  contests,  as  well  as  all  others,  either 
party  may  have  the  case  transferred  from  the  county  court  to  the 
circuit  court.  In  practice  this  would  result  in  every  will  con- 
test being  transferred,  by  one  party  or  the  other  to  the  litigation, 
to  the  circuit  court  and  thereby  deprive  county  courts  of  one  of 
their  principal  functions. 

There  are  several  other  inconsistencies  in  the  bill  which  it  is 


SESSION  or  1917  231 

needless  to  point  out,  as  I  feel  that  I  have  already  given  abun- 
dant reasons  for  withholding  my  approval  of  this  bill. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 
July  13,  1917. 


To  the  Honorable,  the  Legislature: 

I  herewith  return,  without  my  approval,  bill  No.  430,  S. 

This  bill  provides  that  when  any  county  has  five  hundred  acres 
or  more  of  lands  which  would  be  benefited  by  drainage  any  per- 
son may  file  a  petition  with  the  county  judge  or  county  court 
for  the  appointment  of  a  county  drainage  board  of  three  mem- 
bers, who  shall  have  charge  of  all  drainage  in  the  county. 

We  have  on  the  statutes  now  a  law  providing  for  drainage  in 
any  town  upon  the  petition  of  six  free-holders  in  the  town;  also 
a  law  providing  for  county  drains  where  the  territory  sought  to 
be  drained  lies  in  two  or  more  towns  in  the  county;  also  the 
drainage  law  passed  by  this  legislature,  bill  No.  473,  S.,  which 
provides  for  drainage  districts  irrespective  of  town  or  county 
boundaries. 

It  would  seem  that  these  statutes  cover  every  possible  situa- 
tion that  might  arise  where  drainage  is  necessary.  However, 
in  addition  to  these  statutes  there  is  a  statute  providing  for  city 
drainage  districts  and  the  drainage  of  swamp  lands. 

With  these  statutes  already  enacted  I  cannot  conceive  of  any 
situation  which  might  arise  that  would  make  it  necessary  for 
additional  legislation  on  the  subject  of  drainage.  In  my  opin- 
ion, bill  No.  430,  S.  is  an  unnecessary  duplication  and  creates 
an  unnecessary  additional  expense  without  any  adequate  necessity 
therefor. 

Furthermore,  this  bill  does  not  provide  for  any  court  review 
on  the  assessment  of  benefits  and  damages  which  may  be  as- 
sessed by  the  drainage  commissioners.  In  other  words,  the  as- 
sessment of  benefits  and  damages  by  the  drainage  commissioners 
is  final  and  conclusive. 

In  my  judgment  any  act  which  provides  that  the  body  making 
the  assessment  shall  have  the  final  and  conclusive  say  as  to  the 


232  MESSAGES  TO  THE  LEGISLATURE 

amount  of  the  assessment  is  wholly  vicious,  arbitrary  and  unwar- 
ranted under  our  form  of  government. 

For  these  reasons  I  cannot  give  this  bill  my  approval. 
Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 

To  the  Honorable,  the  Legislature: 

I  herewith  return,  without  my  approval,  bill  No.  473,  S. 

This  bill  repeals  all  of  the  existing  statutes  of  this  state  relat- 
ing to  drainage  districts  and  reenacts  a  complete  law  on  that  sub- 
ject. 

This  bill  was  prepared  under  the  direction  of  a  joint  commit- 
tee appointed  by  the  legislature  of  1915,  and  I  regret  to  be  com- 
pelled to  withhold  my  approval  of  a  bill  drafted  under  these  cir- 
cumstances. 

Many  of  the  features  of  the  bill  have  my  heartiest  approval, 
and  I  should  be  pleased  if  a  quorum  of  the  legislature  had  bsen 
present  when  the  bill  reached  me  for  my  approval,  so  that  those 
features  of  it  to  which  I  object  might  have  been  either  entirely 
stricken  from  the  bill,  or  so  modified  as  to  eliminate  my  objec- 
tions thereto.  Nearly  all  of  the  members  of  the  legislature  had, 
however,  gone  to  their  respective  homes  when  the  bill  reached 
me  for  my  approval,  and  although  I  had  drafted  and  presented 
to  the  members  that  were  here  a  bill  for  introduction,  striking 
from  this  bill  the  objectionable  features  thereof,  those  members 
of  the  legislature  who  were  here,  being  very  few  in  number,  did 
no't  desire  to  take  the  responsibility  of  vitally  amending  a  law 
and  changing  the  policy  that  had  been  enacted  by  the  entire  body 
while  in  session.  And  in  this  I  believe  that  they  were  entirely 
right.  However,  I  cannot  give  the  bill  my  executive  approval 
with  these  features  in  it. 

The  provisions  of  the  bill  which,  in  my  judgment,  are  obnox- 
ious and  probably  unconstitutional,  are  contained  in  subsections 
16,  17  and  18  of  section  1379—17  and  section  1379— 31zb. 

These  sections  of  the  bill  would  permit  absolutely  the  removal 
of  any  dam  in  any  navigable  stream  in  the  state  of  Wisconsin, 
whether  such  dam  was  located  within  or  without  the  drainage 
district,  whenever  a  drainage  district  was  organized  for  any 
district  bordering  upon  or  the  ditches  of  which  discharged  into 
any  navigable  stream  of  the  state. 


SESSION  OF  1917  233 

It  is  true  that  in  form  the  matter  is  referred  to  the  Kailroad 
Commission  in  all  cases  where  work  is  necessary  in  any  navigable 
stream,  but  the  Railroad  Commission  is  granted  power  to  decide 
only  "two  questions,  namely :  First,  Is  the  proposed  work  neces- 
sary? Second,  Will  the  proposed  work  permanently  injure  the 
navigability  of  said  stream? 

It  will  be  noticed  that  the  Railroad  Commission  has  no  dis- 
cretion whatever  in  the  matter  if  it  finds  that  these  two  facts 
exist.  That  they  do  exist  and  must  necessarily  exist  in  any  pro- 
posed drainage  district,  is  self-evident.  Neither  the  decision  of 
the  Railroad  Commission,  nor  any  other  body  is  necessary  to  de- 
termine that  the  navigability  of  a  navigable  stream  will  not  be 
permanently  injured  by  putting  more  water  into  the  stream  from 
drainage  ditches ;  and  the  fact  that  the  proposed  work  is  necessary 
has  been  practically  predetermined  before  the  matter  reaches  the 
Railroad  Commission. 

If  this  bill  vested  in  the  Railroad  Commission,  or  some  other 
public  body,  the  authority  to  determine  whether  the  public  would 
be  better  served  by  the  construction  and  maintenance  of  a  drainage 
district  than  by  the  then  existing  dams  in  navigable  waters  when 
it  is  sought  to  interfere  with  them  by  drainage,  and  proper  com- 
pensation to  the  owners  of  the  dam  and  riparian  owners  and  other 
persons  affected  by  the  change  had  been  provided  for,  it  would 
have  met  with  my  approval,  although  there  are  several  other 
features  of  it  which,  in  my  judgment,  ought  to  be  changed. 

Being  that  I  cannot  give  this  bill  my  approval  in  its  present 
form  and  that  so  few  members  of  the  legislature  are  now  here 
that  it  is  impossible  to  so  change  the  bill  as  to  meet  my  objec- 
tions to  it,  even  if  they  agreed  with  me  that  they  were  well 
founded,  I  recommend  that  a  new  bill  be  drafted  for  introduc- 
tion, either  at  the  next  session  of  the  legislature  or  at  a. special 
session,  if  one  is  called,  consolidating,  amending  and  harmoniz- 
ing all  the  present  laws  on  drainage,  the  provisions  of  which,  I 
am  advised,  are  at  present  inharmonious,  conflicting  and  unwork- 
able in  many  particulars. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 
Dated  at  Madison,  Wis.,  July  16,  1917. 


234  MESSAGES  TO  THE  LEGISLATURE 


GOVERNOR'S  MESSAGE. 

Feb.  19,  1918. 
Gentlemen  of  the  Senate  and  Assembly: 

I  have  called  you  to  meet  in  special  session  to  enact  such  urgent 
legislation  as  is  needed  to  provide  the  necessary  money  to  meet 
the  extraordinary  military  expenditures  of  the  state,  which  have 
been  incurred  and  may  in  the  future  be  required  to  enable  the 
state  to  do  its  part  in  the  war  and  provide  our  troops  with  neces- 
sary equipment,  and  such  further  legislation  as  seems  urgent  at 
this  time. 

During  the  last  session  it  was  impossible  to  foresee  what  our 
extraordinary  military  expenditures  would  be.  There  is  an  un- 
limited appropriation  for  military  purposes  upon  our  statute 
books.  However,  no  provision  was  made  for  raising  the  money 
to  meet  the  expenditures  that  may  be  made  under  this  authoriza- 
tion. 

We  recruited  our  guard  to  the  full  strength  of  sixteen  thous- 
and men  as  provided  by  law  and  ordered  by  our  national  govern- 
ment. The  men  were  mobilized  at  Camp  Douglas  about  July 
first  and  were  called  into  federal  service  July  15th.  Under  the 
law  the  state  paid  the  transportation  of  the  men  from  their  homes 
to  the  mobilization  camp,  paid  each  man  one  month's  wages  and 
paid  the  cost  of  maintenance  from  the  time  that  the  troops  were 
mobilized  until  they  were  finally  taken  over  into  the  regular  army. 
At  the  time  the  troops  were  ordered  south  the  federal  government 
was  not  prepared  to  furnish  sufficient  clothing  and  equipment. 
In  order  that  the  men  might  be  provided  with  the  necessary  com- 
forts the  state  purchased  ten  thousand  suits  of  clothes,  much 
equipment  and  blankets,  all  of  which  cost  large  sums  of  money. 

In  addition  to  the  above  expenditures  considerable  sums  of 
money  have  been  expended  in  carrying  out  the  act  of  1917  which 
gives  state  aid  to  soldiers'  dependents.  This  expense  will  con- 
tinue during  the  war. 

The  amounts  of  money  expended  from  July  1st,  1917,  to  Feb- 
ruary 1st,  1918,  for  the  various  extraordinary  military  purposes 
are  as  follows: 


SESSION  OF  1918  235 

Pay  of  officers  and  men— including  recruiting  duty 

and  service $406,239.74 

For  equipment 218,928.79 

Aid  for  dependents 47,796.20 

Expenses ' 20,568.53 


Total ,  .$693,533.26 

In  addition  to  the  above  amounts  the  state  expended  $105,- 
000.00  in  preparing  our  National  Guard  for  the  expedition  to 
the  Mexican  border  in  1916. 

It  is  clearly  the  duty  of  the  United  States  government  to  clothe 
and  equip  the  soldiers  that  it  calls  into  service.  The  govern- 
ment, however,  was  unable  to  assemble  the  necessary  supplies  in 
the  short  time  that  elapsed  from  the  declaration  of  war  to  the 
date  on  which  our  troops  were  forwarded,  and  it  was  incumbent 
upon  the  state  to  equip  its  troops  or  send  them  to  the  mobiliza- 
tion camps  in  the  south  in  civilian  clothing  and  without  equip- 
ment. The  wisdom  of  the  expenditure  has  been  fully  demon- 
strated and  the  success  of  our  guard  leaves  no  opportunity  to 
regret  the  use  of  the  state's  money  for  the  purposes  I  have  stated. 
With  the  possible  exception  of  the  amounts  expended  for  aid  for 
soldiers'  dependents,  the  amounts  stated  are  in  fact  a  loan  to  the 
national  government  and  may  at  some  future  time  be  presented 
to  the  United  States  government  as  a  claim  for  refund,  and  there 
is  sufficient  precedent  to  assure  us  that  when  the  war  is  over 
Congress  will  make  the  necessary  appropriation  to  return  these 
amounts  to  the  state  with  interest.  A  like  situation  arose  during 
the  Civil  War  and  all  the  money  that  was  advanced  by  the  state 
during  that  period  for  like  purposes  was  repaid  to  the  state  by 
the  United  States  government  with  interest. 

The  amounts  that  we  have  expended  were  taken  from  the  gen- 
eral fund  of  the  state  treasury  and  should  be  restored  to  that 
fund.  The  state  has  sufficient  income  to  meet  the  appropriations 
made  by  the  last  Legislature  for  the  ordinary  purposes.  No  tax 
levy  was  necessary  for  general  purposes,  and  the  indications  are 
that  we  shall  keep  the  state's  expenditures  close  to  the  legislative 
budget.  Owing  to  the  large  demands  that  the  United  States  gov- 
ernment is  compelled  to  make  upon  our  citizens  for  the  support 
of  the  war  I  feel  that  the  state  should  not  now  levy  a  tax  upon 


236  MESSAGES  TO  THE  LEGISLATURE 

our  people  to  meet  these  extraordinary  war  expenditures  by  the 
state,  particularly  in  view  of  the  fact  that  these  expenses  are  in 
the  nature  of  a  loan  to  the  government  and  that  the  amount  will 
ultimately  be  returned  to  us. 

For  these  reasons  I  recommend  to  you  that  you  authorize  a 
bond  issue  of  one  million  dollars,  and  that  a  sum  sufficient  to 
meet  the  expenditures  since  July  1st,  1917,  be  sold  immediately 
and  the  money  thus  realized  be  returned  to  the  general  fund  of 
the  state  treasury  and  that  the  balance  of  the  bonds  be  held  in 
the  state  treasury  to  meet  future  extraordinary  war  expenditures 
of  the  state.  We  cannot,  however,  cover  the  amount  that  we  ex- 
pended on  the  Mexican  border  expedition  by  bond  issue  under  our 
constitution. 

I  wish  to  impress  upon  you  again  that  the  state  will  lose  noth- 
ing by  this  system  of  financing,  as  the  United  States  government 
can  be  safely  relied  upon  to  pay  this  money  back  into  the  state 
treasury  with  interest. 

The  details  of  the  bond,  which  I  feel  should  bear  four  and 
one-half  per  cent  interest  per  annum,  will  be  submitted  to  you  in 
a  bill  which  I  have  caused  to  be  prepared.  There  is  no  constitu- 
tional objection  to  this  bond  issue.  Section  7  of  Article  VIII  of 
the  Constitution  provides  that  "The  Legislature  may  also  borrow 
money  to  repel  invasion,  suppress  insurrection,  or  defend  the 
state  in  time  of  Avar;  but  the  money  thus  raised  shall  be  applied 
exclusively  to  the  object  for  which  the  loan  was  authorized,  or 
the  repayment  of  the  debt  thereby  created." 

It  cannot  be  successfully  urged  that  the  state  is  not  in  danger 
of  invasion.  It  is  true,  so  far  as  we  know,  no  detachment  of  the 
enemy's  troops  is  now  enroute  for  the  special  purpose  of  invad- 
ing the  state  of  Wisconsin.  The  state,  however,  is  an  integral 
part  of  the  Union  and  the  United  States  is  engaged  in  war  and 
is,  therefore,  subject  to  invasion,  and  because  of  the  fact  that  our 
country  is  threatened,  as  every  country  is  that  is  engaged  in  war, 
it  must  be  held  that  a  threatened  invasion  of  any  part  of  the 
United  States  is  in  fact  a  threatened  invasion  of  the  state  of 
Wisconsin,  which  is  one  of  the  integral  parts  of  the  Union. 

The  question  was  passed  upon  by  our  Supreme  Court  in  an 
informal  manner  when  the  Legislature  of  the  state  authorized 
a  bond  issue  in  1861.  The  identical  question  was  passed  upon 
by  the  Supreme  Court  of  California  under  practically  the  same 


SESSION  OF  1918  237 

constitutional  provisions,  where  it  was  held,  in  the  case  of  Frank- 
lin vs.  State  Board  of  Examiners,  23  Cal.  173,  that  "The  exist- 
ence of  the  emergency  calling  for  the  exercise  of  the  power  (mean- 
ing the  power  to  issue  bonds  in  time  of  war)  is  purely  a  political 
question,  and  the  Legislature,  as  a  body  in  whom  the  political 
power  of  the  state  is  vested,  is  the  sole  judge  as  to  the  existence 
of  such  emergency." 

The  court  continued:  "But  even  if  it  was  necessary  for  this 
court  to  decide  whether  or  not  war  exists  in  the  country,  and  that 
the  emergency  had  arisen  justifying  the  exercise  of  the  power, 
there  is  sufficient  in  the  condition  of  our  National  affairs  to  sus- 
tain the  position  that  the  emergency  existed  which  justified  the 
Legislature  in  passing  the  law." 

This  construction  was  given  during  the  Civil  War,  when  the 
Confederate  states  seceded  from  the  Union,  although  no  invasion 
of  the  state  of  California  had  been  threatened. 

DKAINAQE 

The  operation  of  our  general  drainage  law  has  been  unsatis- 
factory. During  the  last  session  the  Legislature  passed  a  bill 
making  certain  amendments  and  changes  which  upon  careful 
consideration  were  found  to  be  unsatisfactory,  and  I  felt  it  neces- 
sary to  veto  the  same.  The  state  has  a  large  area  of  marsh  land, 
a  considerable  part  of  which  can  be  brought  into  cultivation  if 
properly  drained  and  I  am  anxious  that  a  practical  and  fair  drain- 
age law  should  be  enacted. 

With  that  in  view  I  appointed  a  committee  of  eminent  lawyers 
and  soil  and  drainage  experts  to  revise  our  present  drainage  law 
and  prepare  a  new  act  which  I  submit  to  you.  It  contains  the 
following  provisions,  which  I  have  been  anxious  to  have  incor- 
porated in  the  law: 

In  order  to  protect  the  tax  payers  against  drainage  of  land 
which  cannot  be  converted  into  agricultural  land  because  of  the 
character  of  the  soil,  the  bill  provides  that  before  any  drainage 
work  can  be  undertaken  the  drainage  commissioners  must  obtain 
a  report  upon  the  feasibility  of  the  proposed  drainage,  the  prob- 
able cost,  and  a  preliminary  plan  from  the  State  Chief  Engineer, 
and  also  a  report  from  the  College  of  Agriculture  of  the  Univer- 
sity on  the  quality  and  character  of  the  soil,  the  present  agricul- 


238  MESSAGES  TO  THE  LEGISLATURE 

tural  value  of  the  land  and  the  kind  of  crops  to  which  the  land 
will  be  adapted  after  drainage ;  and  also  a  soil  map  of  the  district. 

I  urge  these  provisions,  1st.  To  encourage  drainage  of  land 
that  has  an  agricultural  value;  2nd.  To  discourage  or  prevent 
drainage  of  land  that  is  worthless  after  it  is  drained;  3rd.  To 
prevent  in  the  future  misrepresentations  of  the  value  of  drained 
land  for  agricultural  purpose;  4th.  To  determine  for  certain 
that  any  drainage  project  that  is  undertaken  is  feasible  and  when 
completed  will  actually  drain  the  soil  affected  by  it.  This  is  neces- 
sary to  save  the  land  holders  from  large  drainage  taxes  to  pay  for 
projects  of  that  kind  that  are  worthless  after  completed. 

When  it  appears  that  it  is  necessary  to  enter  upon  the  waters 
of  any  navigable  stream  or  to  acquire  and  remove  any  dam  or 
obstruction  from  the  stream,  the  matter  is  referred  to  the  Rail- 
road Commission  at  once.  If  the  Railroad  Commission,  after  a 
hearing,  shall  find  that  the  public  health  and  public  welfare  will 
be  promoted  by  the  removal  of  any  dam  or  other  obstruction 
from  a  navigable  stream,  and  that  the  work  proposed  is  necessary 
to  the  proper  operation  of  the  drainage  system  and  will  not  im- 
pair the  navigability  or  other  public  right  in  any  such  waters  or 
stream,  then  and  then  only,  is  permission  and  authority  granted 
to  the  drainage  commissioners  to  proceed  with  the  work.  If  it  is 
necessary  to  remove  any  dam  or  interfere  with  the  waters  of  any 
navigable  stream  before  proceeding  further,  the  drainage  dis- 
trict must  procure  by  purchase  or  condemnation  proceedings  the 
riparian  rights,  rights  of  flowage,  dams  and  water  power  affected, 
Avhether  the  same  be  within  or  beyond  the  limits  of  the  drainage 
district. 

SOLDIERS'  VOTE 

Chapter  2  of  the  Special  Session  of  1916  was  enacted  to  enable 
members  of  the  Wisconsin  National  Guard  who  were  on  duty 
outside  of  the  state  of  Wisconsin  to  vote  at  general  elections,  or 
at  special  elections  when  held  to  fill  a  vacancy  in  an  office  re- 
quired to  be  filled  in  the  first  instance  at  a  general  election. 

Under  the  provisions  of  this  law  the  members,  of  the  Wiscon- 
sin National  Guard  were  permitted  to  cast  their  vote  at  the  gen- 
eral election,  notwithstanding  the  fact  that  they  were  in  Texas, 
and  I  am  informed  it  worked  very  satisfactorily. 


SESSION  OF  1918  239 

Since  that  time,  however,  the  Wisconsin  National  Guard  has 
been  mobilized  into  the  federal  service  and  the  law  passed  at 
the  special  session  of  1916  is  no  longer  applicable,  and  must  be 
amended  to  meet  the  new  situation. 

The  Adjutant  General  of  the  War  Department  at  Washington 
has  given  orders  that  upon  application  to  the  commanding  officer 
of  the  department  or  division  for  permission  to  secure  and  take 
the  vote  of  officers  and  men  of  any  state  serving  in  said  com- 
mand and  within  the  borders  of  the  United  States,  such  com- 
manding officer  shall  specify  the  place  or  places  where  such  of- 
ficers and  soldiers  may  vote,  and  shall  allow  the  properly  quali- 
fied election  officers  of  the  state  an  opportunity  to  secure  the  votes 
of  its  citizens  in  such  command. 

In  conformity  with  such  order  of  the  Adjutant  General,  I  have 
had  prepared  for  your  consideration  a  bill  amending  the  1916 
act,  broadening  its  provisions  so  as  to  permit  the  qualified  electors 
of  this  state  in  the  military  service  of  the  United  States  to  vote 
whenever  200  or  more  of  them  are  stationed  in  any  place  out- 
side of  the  borders  of  this  state  but  within  the  territorial  lim- 
its of  the  United  States.  Being  that  the  state  has  to  send  a 
special  messenger  to  collect  these  votes  I  deem  it  wise  to  provide 
that  such  messenger  shall  be  sent  only  when  there  are  200  or 
more  electors  at  any  one  place,  and  that  wherever  there  are  less 
than  200  stationed  at  any  one  place  they  will  be  permitted  to 
vote  under  the  envelope  method  of  absent  voting.  These  two 
methods  of  voting  combined  will  permit  every  voter  of  this  state 
who  is  absent  from  his  place  of  residence  on  account  of  service 
in  the  military  forces  of  the  United  States  or  of  this  state  to  ex- 
ercise his  right  of  suffrage. 

AUTOMOBILE  LICENSE 

It  has  been  brought  to  my  attention  that  under  the  present 
statute  manufacturers  and  dealers  of  automobiles  cannot  trans- 
port automobiles  under  their  own  power  from  the  place  of  manu- 
facture to  the  place  of  the  dealer  under  a  manufacturer's  or 
dealer's  license  but  that  a  private  license  must  be  obtained  for 
each  car. 

In  view  of  the  fact  that  government  regulations  now  provide 
that  automobiles  which  are  to  be  transported  from  the  place  of 


240  MESSAGES  TO  THE  LEGISLATURE 

manufacture  to  the  dealer  within  a  certain  radius  must  be  trans- 
ported under  their  own  power  instead  of  being  shipped  by  rail, 
I  deem  it  but  fair  to  permit  such  dealer  or  manufacturer  to 
so  transport  such  automobile  under  a  manufacturer's  or  dealer's 
license.  If  they  were  shipped  by  rail  no  license  whatever  would 
be  necessary.  Additional  number  plates  may  be  obtained  by  a 
manufacturer  or  dealer  at  fifty  cents  each,  and  it  is,  therefore, 
no  hardship  to  obtain  extra  number  plates  for  these  cars,  but  it 
would  be  if  they  were  required,  as  under  the  present  statute, 
to  pay  from  ten  to  twenty-five  dollars  for  an  individual  license 
for  each  car. 

TEACHERS'  SALARIES 

I  have  an  urgent  request  from  the  teachers  of  the  graued  schools 
of  Milwaukee  that  you  pass  an  act  increasing  the  mill  tax  in  the 
city  of  Milwaukee  in  a  sufficient  sum  to  enable  the  school  board 
of  that  city  to  grant  them  an  increase  in  salaries  during  the  period 
of  the  war  and  one  year  thereafter. 

I  have  a  like  application  from  the  teachers  in  the  State  Nor- 
mal Schools,  who  are  making  a  strong  demand  for  an  increase  in 
their  salaries. 

In  both  cases  the  increase  demanded  is  predicated  upon  the 
high  cost  of  living.  It  appears  to  me  from  an  examination  of 
the  salary  schedules  that  some  concessions  should  be  made  in 
both  cases.  That  our  teachers  are  rendering  a  valuable  service 
no  one  will  attempt  to  deny.  It  follows  then  that  they  should 
receive  a  compensation  which  will  enable  them  to  maintain  a 
standard  of  living  that  is  in  keeping  with  their  profession.  The 
standard  of  salaries  should,  however,  in  the  former  case,  be  estab- 
lished by  the  School  Board  of  Milwaukee,  and  in  the  latter  by 
the  Board  of  Regents  of  the  Normal  Schools. 

I  have  asked  both  of  these  governing  bodies  to  furnish  me  a 
statement  showing  the  increases  that  in  their  judgment  are  justi- 
fied, the  class  of  teachers  to  whom  this  should  apply,  and  also 
answer  the  question  whether  the  money  that  is  now  available  is 
sufficient  to  grant  such  increase— in  other  words,  whether  it  is 
really  necessary  in  either  case  to  give  an  additional  income,  by 
special  act  of  the  Legislature,  to  give  the  teachers  fair  and  just 
compensation  under  the  present  circumstances. 


SESSION  OF  1918  241 

I  am  without  definite  reply  from  these  boards  and  I  shall  ask 
them  to  appear  before  you  to  explain  the  condition  of  their  finances, 
to  present  the  demands  of  the  teachers  and  give  their  justifica- 
tion for  increased  incomes. 

MILWAUKEE  COUNTY  CIVIL  SERVICE  LAW 

The  County  Civil  Service  Commission  of  Milwaukee  county, 
together  with  the  Joint  Committee  of  Judiciary  and  Finance  of 
the  County  Board  of  that  county,  have  agreed  to  certain  amend- 
ments to  the  civil  service  law  affecting  Milwaukee  county,  whereby 
certain  officers  who  are  now  in  the  unclassified  service  are  to  be 
transferred  to  the  classified  service. 

If  this  agreement  meets  with  your  approval  the  assistant  dis- 
trict attorneys,  register  in  probate,  assistant  register  in  probate, 
jailer  and  county  auditor  in  Milwaukee  County  will  be  transferred 
from  the  unclassified  to  the  classified  service.  I  submit  this  matter 
for  your  serious  consideration. 

ADDITIONAL  NURSES 

There  is  a  call  for  additional  nurses  by  the  government,  to 
meet  the  requirements  of  the  war.  In  order  to  meet  this  require- 
ment it  is  recommended  by  the  State  Board  of  Medical  Examiners 
and  by  the  Association  of  Graduate  Nurses  that  college  graduates 
who  have  had  a  course  in  physics,  biology  and  chemistry,  shall  re- 
ceive a  credit  of  nine  months,  which  would  allow  them  to  graduate 
in  two  years  and  three  months  from  a  nurses*  school.  I  believe 
this  to  be  a  wise  provision  and  I  recommend  it  to  you  for  your 
consideration. 

CHILD  LABOR  LAWS 

Section  1728a— 11,  which  relates  to  child  labor  laws,  is  not 
in  harmony  with  the  balance  of  our  statutes  upon  that  subject. 
The  Industrial  Commission  recommends  that  this  law  be  repealed 
and  I  submit  it  to  you  for  your  consideration. 

I  recommend  that  sections  1728p  to  1728za,  inclusive,  and 
otherwise  known  as  the  "street  trade  law,"  be  amended  so  as 
to  extend  its  provisions  to  cities  of  the  second,  third  and  fourth 
classes. 


242  MESSAGES  TO  THE  LEGISLATURE 

AGRICULTURAL  AGENTS 

The  necessities  of  the  war  make  it  necessary  to  increase  our 
agricultural  area,  as  far  as  possible,  in  order  that  we  may  raise 
food  for  ourselves  and  our  allies.  I  recommend  that  two  addi- 
tional county  agricultural  representatives  be  authorized  and  that 
you  make  an  appropriation  therefor. 

HOUSE  OF  CORRECTION 

The  Milwaukee  House  of  Correction  desires  to  employ  a  num- 
ber of  its  prisoners  at  road  work  and  other  employment  outside 
of  the  prison  walls.  I  regard  it  in  the  interest  of  the  prisoners 
that  they  be  given  such  employment,  particularly  in  agricul- 
tural work  and  road  building.  It  is  the  experience  of  the  state 
that  prisoners  taken  from  the  state  institutions  and  thus  em- 
ployed are  benefited  physically  and  morally.  Furthermore,  it 
gives  them  an  opportunity  to  earn  their  own  living,  which  is 
right  and  proper. 

In  the  case  of  the  Milwaukee  institution  there  is  no  law  un- 
der which  prisoners  who  escape  while  thus  employed  outside  of 
the  prison  walls  can  be  punished,  and  I  recommend  that  you  pro- 
vide penalties  for  escape  when  so  employed. 

SEDITION 

There  comes  a  strong  demand  from  various  sections  of  the 
state  for  legislation  which  will  prohibit  inciting  or  attempting 
to  incite  or  aiding  in  inciting  insurrection  or  sedition,  and  pro- 
hibiting the  teaching  or  advocating  of  disloyalty  to  the  national 
government,  and  prohibiting  interfering  with  or  discouraging 
preparations  for  national  or  state  defense. 

There  should  be  no  legislation  which  attempts  to  interfere 
with  the  guaranteed  right  of  free  speech  or  freedom  of  the  press, 
and  I  will  not  agree  to  any  provision  of  law  which  is  intended 
to  interfere  with  the  reasonable  exercise  of  these  rights.  We  must 
expect,  however,  and  particularly  if  the  war  is  of  long  duration, 
that -agitators  will"  spring  up  among-  us  who-  will  wish- to-  interfere 
with  the  proper  functions  of  the  state  in  its  effort  to  carry  out 
the  wishes  of  the  federal  government.  Such  actions  should  not 
be  tolerated,  and  any  act  upon  the  part  of  a  citizen  or  any  body 


SESSION  or  1918  243 

of  citizens  or  any  newspaper  or  other  publication,  the  clear  pur- 
pose of  which  is  to  incite  people  to  opposition  to  the  government, 
either  by  discouraging  military  service  or  any  other  helpful  co- 
operation, should  be  forbidden  by  law  and  the  guilty  persons 
punished  therefor. 

This  does  not  mean  that  there  may  not  be  criticism  of  the  gov- 
ernment. Constructive  criticism  is  helpful  and  if  made  in  the 
right  spirit  is  in  no  sense  objectionable.  People  should  have  the 
right  to  assemble  and  discuss  the  best  interests  of  our  country. 
The  press  should  retain  the  right  to  criticise  any  shortcoming  of 
the  government;  nor  should  any  speaker  be  interfered  with  who 
calls  attention  to  any  weakness  in  our  government,  whether  it 
appertains  to  the  management  of  the  war  or  any  other  activity. 

These  privileges  are  all  helpful  when  indulged  in  by  honest 
people  in  an  honest  way.  In  other  words,  there  is  no  harm  in 
truth.  Harm  comes  from  falsehood,  deliberate  falsehood.  There 
will  be  no  difference  of  opinion  among  honest  men  on  the  ques- 
tion of  stating  facts,  nor  can  there  be  any  difference  among 
honest  men  on  the  propriety  of  punishing  the  deliberate  liar. 

The  bill  that  will  be  presented  to  you  upon  this  subject  is 
substantially  the  law  in  several  representative  states.  I  submit 
it  to  you  for  your  consideration.  I  am  firmly  of  the  opinion  that 
if  enacted  into  law  no  harm  can  come  under  it  to  any  good  citizen, 
and  those  to  whom  this  term  cannot  be  applied  we  need  not  give 
any  special  concern. 

SKIM  MILK  CHEESE 

Owing  to  the  scarcity  of  food  and  the  high  price  that  our 
people  are  now  compelled  to  pay  for  it,  it  is  incumbent  upon  us 
to  conserve  all  products  that  are  fit  for  human  consumption. 
Several  years  ago  a  law  was  passed  in  this  state  which  forbids 
the  manufacture  of  cheese  from  skimmed  milk,  except  in  a  form 
that  in  practice  was  found  impossible.  It  was  in  one  respect 
a  wise  provision  because  it  prohibited  the  sale  of  an  inferior  article 
for  full  cream  cheese,  which  was  a  fraud  on  the  public  and  at  the 
same  time  an  injury  to  the  reputation  of  our  Wisconsin  product 
in  the  markets  of  the  country.  As  a  result  of  that  statute  millions 
of  gallons  of  skimmed  milk  are  daily  fed  to  the  calves  and  the 
swine  on  our  farms,  that  could  be  and  should  be  converted  into 
human  food,  particularly  now. 


244  MESSAGES  TO  THE  LEGISLATURE 

I  recommend  that  you  pass  an  act  which  will  authorize  the 
manufacture  of  skim  milk  cheese  in  this  state  in  such  forms  and 
shapes  as  will  make  it  impossible  to  sell  it  as  a  substitute  or  an 
imitation  of  full  cream  cheese.  Many  varieties  of  skim  milk 
cheese  are  made  in  this  state  now  in  a  small  way,  but  in  viola- 
tion of  our  law.  The  statute  should  be  so  amended  as  to  permit 
this. 

A  law  authorizing  the  manufacture  of  skim  milk  cheese  under 
proper  restriction  has  the  further  advantage  that  it  enables  the 
buttermaker  to  use  this  by-product  and  realize  a  considerable  sum 
of  money  from  it.  This  will,  to  some  extent  at  least,  enable  him 
to  meet  the  prices  that  are  being  paid  for  milk  for  other  uses. 
We  must  not  discourage  butter  production.  It  will  not  do  to 
convert  all  the  milk  that  we  produce  into  one  commodity  or  two 
commodities.  Butter  is  as  essential  for  human  food  as  the  other 
products  that  are  made  of  milk,  and  as  matters  stand  today  the 
buttermaker  is  at  a  decided  disadvantage  as  against  the  users  of 
milk  for  other  commodities. 

I  ask  you  to  consider  this  question  carefully  and  enact  such 
legislation  as  will:  1st.  Conserve  this  valuable  food  product,  and 
2nd.  Give  the  buttermakers  of  the  state  a  chance  to  compete  for 
the  milk  that  is  produced. 

VENEREAL  DISEASES 

The  National  Council  of  Defense  and  the  Surgeon-General  of 
the  United  States  have  made  an  urgent  appeal  for  further  legis- 
lation controlling  venereal  diseases.  The  object  is  to  further 
protect  the  young  men  who  are  selected  for  military  service,  and 
I  ask  your  consideration  of  the  bill  which  will  be  submitted  to  you 
upon  this  subject.  It  has  been  studied  by  the  Health  Department 
of  this  state  and  has  the  general  approval  of  physicians  who  have 
been  consulted  upon  the  subject. 

UNION  GROVE 

A  further  appropriation  is  necessary  to  complete  and  equip  the 
Home  for  the  Feeble-Minded  at  Union  Grove.  The  requirements 
will  be  fully  explained  by  the  Board  of  Control  and  the  Chief  En- 
gineer of  the  State. 


SESSION  OF  1918  245 

BANKING  LAW 

Under  our  banking  law  a  state  bank  cannot  pledge  any  of  its 
assets  to  any  depositor.  That  act  makes  it  impossible  for  the 
state  banks  to  secure  deposits  from  the  national  government.  I 
have  been  urgently  requested  by  the  treasurer  of  the  United  States 
that  you  so  amend  our  banking  act  that  it  will  be  possible  for  our 
state  banks  to  deposit  a  part  of  their  assets  with  the  regional  banks, 
in  order  that  the  money  that  is  realized  from  the  sale  of  liberty 
bonds  may  be  held  in  the  state  banks  where  the  sale  is  made  until 
such  time  as  the  government  requires  it.  The  amount  of  assets  so 
deposited  with  the  regional  banks  should  in  no  case  exceed  the 
sum  of  the  capital  stock  and  the  surplus  of  the  bank. 

The  frequent  bond  issues  by  the  government,  made  necessary 
on  account  of  the  war,  make  this  legislation  advisable  for  two 
reasons : 

1st.  It  will  reserve  to  the  banks,  for  a  time  at  least,  the  amount 
of  money  that  is  invested  in  government  bonds,  and  in  that  man- 
ner protect  the  working  capital  of  the  bank. 

2nd.  It  will  encourage  the  purchase  of  government  bonds  by 
the  banks,  which  is  absolutely  necessary  if  we  are  going  to  do  our 
part  towards  financing  the  government  during  the  period  of  the 
war. 

I  would  not  advise  that  this  privilege  be  extended  beyond  one 
year  after  the  close  of  the  war.  Our  state  banking  system  has  been 
good  and  I  would  not  recommend  any  radical  departure  from  its 
laws  that  have  so  far  governed  them  were  it  a  time  of  peace.  How- 
ever the  situation  has  been  changed  in  this  state,  as  elsewhere, 
and  we  must  adjust  ourselves  to  it,  and  during  the  period  of  the 
war  we  must  place  ourselves  in  position  to  give  the  government 
every  possible  aid.  I,  therefore,  recommend  that  you  give  the  bill 
that  will  be  presented  upon  this  subject  your  thoughtful  considera- 
tion. 

THE  VACANCY  IN  THE  UNITED  STATES  SENATE 

The  death  of  United  States  Senator  Paul  0.  Husting  created 
a  vacancy  from  the  state  in  the  United  States  Senate.  In  my  call 
for  a  special  session  I  have  asked  you  to  make  provision  for  the 
filling  of  vacanies  in  the  office  of  United  States  Senator  by  grant- 
ing the  Governor  power  to  make  a  temporary  appointment  until 
the  next  succeeding  general  election. 


246  MESSAGES  TO  THE  LEGISLATURE 

The  Constitution  of  the  United  States,  from  the  time  it  was 
originally  adopted  until  the  Seventeenth  Amendment  was  rati- 
fied by  the  states,  gave  the  Governor  of  each  state  the  power  to 
make  temporary  appointments  in  the  office  of  United  States  Sena- 
tor when  a  vacancy  happened  during  the  recess  of  the  Legislature, 
such  temporary  appointment  to  hold  until  the  next  meeting  of  the 
Legislature. 

The  Seventeenth  Amendment  contains  a  provision  under  which 
the  Legislature  of  any  state  may  empower  the  Governor  to  make 
temporary  appointment  until  the  people  fill  the  vacancy  by  elec- 
tion. The  similarity  between  the  original  constitutional  provision 
and  the  amendment  are  strikingly  apparent. 

Under  the  original  provision  the  Legislature  elected  the  United 
States  Senator,  and  when  a  vacancy  occurred  during  a  recess  of 
the  Legislature,  the  Governor  was  given  the  power  to  appoint  until 
the  next  meeting  of  the  Legislature,  when  the  vacancy  was  filled 
by  the  Legislature. 

Under  the  Amendment  the  people  elect  the  United  States  Sena- 
tor, and  it  is  provided  that  the  Legislature  may  empower  the  Gov- 
ernor to  make  temporary  appointment  until  the  people  fill  the 
vancancy  by  election. 

The  right  of  the  Legislature  to  make  provision  for  temporary 
appointments  by  the  Governor  has  been  recognized  by  thirty-four 
states.  The  states  whose  Legislatures  have  given  the  power  of  ap- 
pointment to  their  Governors  are  as  follows : 

Arizona,  Colorado,  Delaware,  Florida,  Georgia,  Idaho,  Illinois, 
Indiana,  Iowa,  Kentucky,  Louisiana,  Maryland,  Michigan,  Min- 
nesota, Mississippi,  Missouri,  Montana,  Nebraska,  Nevada,  New 
Hampshire,  New  Mexico,  New  York,  North  Carolina,  Ohio,  Okla- 
homa, Oregon,  Pennsylvania,  South  Carolina,  South  Dakota, 
Tennessee,  Texas,  Utah,  Vermont  and  Virginia. 

This  action  by  so  large  a  number  of  representative  states  should 
completely  silence  the  argument  that  the  Constitution  is  in  itself 
mandatory  and  that  the  Governor  is  thereby  compelled  to  imme- 
diately call  a  special  election  whenever  a  vacancy  occurs  in  the 
United  States  Senate. 

While  it  is  true  that  the  Seventeenth  Amendment  provides 
that  "When  vacancies  happen  in  the  representation  of  any  state 
in  the.  Senate,  the  executive  authority  of  such  state  shall  issue 
writs  of  election  to  fill  such  vacancies,"  yet  it  will  be  observed 


SESSION  OF  1918  247 

that  there  is  no  provision  as  to  when  the  executive  authority  shall 
issue  the  writs  of  election;  nor  when  such  election  shall  be  held 
if  writs  are  issued,  and  no  provision  whatever  is  made  for  special 
elections. 

The  Seventeenth  Amendment  is  not  self-executing.  It  needs 
legislation  to  vitalize  its  provisions.  The  Legislature  of  this  state 
has  provided  that  if  a  vacancy  occurs  not  more  than  four  months 
nor  less  than  twenty  days  before  a  general  election,  the  vacancy 
may  be  filled  at  such  election;  no  provision  being  made  for  filling 
a  vacancy  thus  occurring  at  any  other  time  than  the  general  elec- 
tion. The  same  section  of  the  statutes,  however,  provides  that  if 
such  vacancy  occurs  more  than  four  months  or  less  than  twenty 
days  before  a  general  election  the  vacancy  may  be  filled  at  a  special 
election,  and  then  follows  this  significant  provision,  "if  the  vacancy 
is  not  filled  at  a  special  election  it  may  be  filled  at  any  subsequent 
general  election  before  the  end  of  the  term." 

The  language  of  this  statute  does  not  obligate  the  Governor  to 
fill  the  vacancy  at  a  special  election,  and  expressly  provides  what 
shall  happen  in  case  he  does  not  do  so,  namely,  that  the  vacancy 
may  be  filled  at  any  subsequent  general  election  before  the  end  of 
the  term. 

This  provision  of  the  statute  is  not  mandatory  upon  the  Gov- 
ernor, but  purely  directory.  Application  was  made  to  former 
Attorney-General  Walter  C.  Owen  that  he  begin  an  action  of 
mandamus  against  the  Governor  to  compel  the  calling  of  a  special 
election.  This  application  was  refused.  After  Mr.  Owen  took 
his  seat  on  the  Supreme  Bench  and  Mr.  Spencer  Haven  had  been 
appointed  Attorney-General  in  his  place  the  application  was  re- 
newed and  was  again  refused.  An  action  of  mandamus  has  sub- 
sequently been  commenced  in  the  Supreme  Court  to  compel  the 
Governor  to  call  a  special  election.  This  matter  will  not  be  de- 
cided by  the  Supreme  Court  in  all  probability  until  after  you  have 
finished  your  deliberations  and  returned  to  your  respective  homes. 
The  action  relates  solely  to  filling  vacancies  at  special  elections  and 
has  nothing  whatever  to  do  and  in  no  way  conflicts  with  the  filling 
of  vacancies  by  appointment,  "the  'power  that 'I  have  asked  you  to 
confer  upon  the  Governor. 

Believing  the  statute  to  be  directory  only  I  have  not  felt  that 
the  law  compels  rne  to  call  a  special  election,  and  I  feel  that  the 
best  interests  of  the  state  demand  that  I  shall  not  do  so  at  this 


248  MESSAGES  TO  THE  LEGISLATUEE 

time.  In  discussing  the  reasons  for  my  course  in  this  matter  I 
wish  to  say  in  the  outset  that  I  have  no  quarrel  with  any  man  or 
any  newspaper  that  honestly  believes  that  the  calling  of  a  special 
election  to  fill  this  vacancy  is  the  proper  course  to  follow.  I  main- 
tain, however,  that  the  position  of  some  newspapers  and  some  men 
in  the  state  upon  this  question  has  been  influenced  by  political  in- 
terest rather  than  any  desire  to  be  helpful  to  the  state. 

Perhaps  the  strongest  argument  that  has  been  presented  by 
the  friends  of  a  special  election  is  the  demand  that  the  elector- 
ate of  the  state  be  given  an  opportunity  to  give  an  expression 
of  loyalty  to  the  United  States  government  during  this  time 
of  a  great  crisis  on  account  of  the  war. 

My  reply  to  that  argument  is  that  the  state  of  Wisconsin  has 
already  proven  its  loyalty  by  actions  that  are  a  stronger  proof 
than  the  result  of  any  special  election  would  be,  held  at  this 
time,  under  the  many  difficulties  that  make  a  full  and  free  ex- 
pression by  the  people  impossible.  Furthermore,  the  result  of 
such  an  election  may  be  influenced  by  a  confusion  of  issues 
which  would  give  further  opportunity  to  misrepresent  the  will  of 
the  people  of  this  state  upon  the  real  questions  of  the  war. 

The  condition  of  our  country  highways,  on  account  of  the 
deep  snow  and  the  severe  weather,  make  country  travel  next  to 
impossible.  A  campaign  of  education  that  would  enlighten  the 
people  on  the  issues  of  the  war  and  the  position  of  the  senatorial 
candidates  would,  therefore,  be  impossible  at  this  time;  nor  could 
we  reasonably  expect  to  attract  any  large  number  of  voters  to  the 
polls. 

It  has  been  suggested  that  the  special  election  should  be  called 
at  the  time  of  the  regular  spring  elections.  While  that  would  re- 
lieve the  people  of  part  of  the  expense,  it  would  not  save  the  cost 
of  a  senatorial  primary.  Furthermore,  it  is  a  recognized  principle 
in  our  election  laws  that  spring  elections  shall  be  kept  non-partisan. 
It  is  a  time  when  we  elect  our  judges  and  educational  officers  and 
those  positions  should  not  be  forced  into  politics.  Therefore  any 
statute  that  you  may  enact  controlling  the  filling  of  vacancies  in 
the  United  States  Senate  should  not  provide  for  an  election  at 
that  time. 

The  cost  of  a  special  election  is  large.  Taking  all  expendi- 
tures into  account  it  would  probably  reach  $200,000.00.  Although 
this  sum  of  money  is  scoffed  at  by  some  election  advocates  and  de- 


SESSION  OF  1918  249 

clared  to  be  a  mere  bagatelle  I  cannot  take  that  view  of  public  ex- 
penditures. Furthermore,  this  is  a  time  when  great  demand  is 
made  upon  the  people's  resources  and  they  can  ill  afford  to  spend 
their  time  and  money  on  election  projects  that  at  best  would 
produce  doubtful  results. 

No  man  who  is  a  friend  of  this  state  will  question  the  loyalty 
of  our  people.  I  cannot  here  declare  that  every  man  in  this  Com- 
monwealth is  a  patriot,  and  I  daresay  that  no  other  Governor  in 
this  Union  of  states  will  rise  and  make  such  a  claim  for  his  people. 
The  great  masses,  however,  cannot  be  judged  by  the  actions  of  a 
few,  and  I  maintain  that  nothing  has  transpired  in  this  state 
that  justifies  any  man  or  set  of  men  to  demand  that  a  census  be 
taken  upon  the  question  of  the  loyalty  of  our  people. 

Furthermore,  the  great  mass  of  sensible  and  hard  working  people 
of  this  state  who  have  done  and  are  now  doing  their  utmost  to 
support  our  national  government  in  these  days  of  trouble  will  not 
wish  to  halt  and  devote  their  time  and  energies  to  a  special  elec- 
tion. No  result  can  be  obtained  through  it  that  will  add  strength 
to  our  government  that  cannot  be  obtained  by  an  appointment. 

If  the  right  to  fill  this  vacancy  temporarily  is  given  to  me  I 
shall  select  a  man  of  tried  ability  and  patriotism.  My  willing- 
ness to  take  you,  gentlemen  of  the  legislature,  into  my  confidence 
in  making  the  selection,  should  convince  you  that  I  have  no  selfish 
purpose  in  it  at  all.  My  thought  is  to  serve  the  people  of  this 
state  and  nation  and  for  the  enlightenment  of  those  who  have  been 
made  to  believe  that  I  have  been  controlled  by  a  desire  for  personal 
political  advancement,  I  want  to  say  that  I  am  not  a  candidate  for 
the  Senate  and  have  had  no  thought  of  being  one. 

I  ask  you,  gentlemen,  not  to  be  influenced  in  this  matter  by 
political  intrigue.  Such  schemes  are  not  founded  upon  patrio- 
tism, or  even  good  will  for  the  people,— they  are  born  in  self- 
ishness.. Let  us  not  listen  to  those  who  would  wish  to  create  dis- 
sension among  us  in  order  that  they  may  profit  thereby.  Let  us 
do  our  duty  fearlessly.  Remember  always  that  every  good  Amer- 
ican has  but  one  thought  in  his  mind  now,  and  that  is  to  save  his 
country  from  destruction,  and  in  that  effort  we  must  stand  to- 
gether shoulder  to  shoulder,  every  man  determined  to  do  what  is 
best  for  our  country  at  all  times. 

EMANUEL  L.  PHILIPP, 

Governor. 


250  MESSAGES  TO  THE  LEGISLATURE 

To  the  Honorable,  the  Senate: 

I  return  herewith,  without  my  approval,  bill  N"o.  12,  S.,  en- 
titled, "An  act  providing  for  borrowing  of  money  and  issuing 
bonds  therefor  for  the  purposes  specified  in  section  7,  article  VIII 
of  the  constitution  and  providing  for  a  special  fund  for  the  re- 
demption of  such  bonds." 

I  withhold  my  approval  of  this  bill  for  the  following  reasons : 

This  bill  is  held  to  be  unconstitutional  for  five  separate  reasons : 

First.  Because  it  places  the  burden  of  carrying  on  a  general 
state  activity  upon  a  small  class  of  taxpayers  only. 

Second.  Because  it  does  not  levy  a  constitutional  tax  to  pay  the 
bonds  and  interest. 

Third.  Because  it  is  not  within  the  terms  of  the  call  for  the 
special  session  of  the  legislature. 

Fourth.  Because  it  exempts  from  taxation  all  incomes  below 
fifteen  thousand  dollars. 

Fifth.     Because  it  is  a  surtax  upon  the  incomes  received  in  1917. 

The  first  three  constitutional  objections  are  urged  against  the 
bill  by  Honorable  Spencer  Haven,  attorney  general  for  the  state, 
and  submitted  to  me  in  an  official  opinion  under  date  of  Febru- 
ary 28,  1918. 

The  fourth  and  fifth  constitutional  objections  have  been  sub- 
mitted to  me  by  Attorney  Charles  B.  Wood,  of  the  firm  of  Wood 
&  Oakley,  bond  attorneys,  residing  in  Chicago,  whose  judgment 
upon  the  question  of  the  validity  of  bonds  is  generally  accepted  by 
the  leading  bond  houses  of  the  country,  and  who  was  referred  to 
upon  the  floor  of  the  senate  by  the  author  of  this  bill  as  competent 
authority  upon  the  constitutionality  of  the  bond  issue  proposed  by 
this  bill.  In  submitting  the  bill  to  this  firm  of  attorneys,  I  did  so 
with  the  feeling  that  I  was  complying  with  the  wishes  of  the  senate. 
Their  opinion  is  contained  in  a  letter  to  me  under  date  of  February 
25,  1918,  and  is  on  file  in  my  office. 

I  believe  the  bond  to  be  unsalable  for  the  reason  that  the  bill 
creates  a  bond  that  is  payable  in  one  year  at  an  annual  interest 
rate  of  five  per  cent,  to  be  sold  at  not  less  than  par.  This  type 
of  security  would  be  salable  to  bankers  only  and  comes  in  com- 
petition with  short  time  notes  and  commercial  paper.  The  rul- 
ing rate  of  interest  that  is  being  paid  for  that  type  of  securities 
at  this  time  is  from  six  to  seven  per  cent  per  annum.  While  the 
bonds  would  be  gilt-edged  (if  the  act  that  created  them  were 


SESSION  OF  1918  251 

constitutional)  they  will  bring  no  more  in  the  market  than  well 
secured  commercial  paper  or  eqiially  good  short  time  notes. 

This  bill  undertakes  a  system  of  taxation  that  is  new  in  the 
state  of  Wisconsin.  It  was  understood  to  be  an  excess  profit  tax, 
when,  in  fact,  it  is  not  an  excess  profit  tax  but  an  additional  in- 
come tax.  I  understand  an  excess  profits  tax  to  be  a  tax  upon 
incomes  received  from  investments  in  excess  of  certain  reasonable 
returns.  This  bill  proposes  a  tax  on  incomes  in  excess  of  fifteen 
thousand  dollars,  regardless  of  the  amount  of  capital  required  to 
make  that  amount  of  profit. 

It  is  a  new  form  of  taxation  because  it  seeks  to  levy  a  graded 
income  tax  upon  all  profits  of  fifteen  thousand  dollars  and  more, 
such  taxes  to  be  applied  not  to  general  purposes  of  the  state  but 
to  certain  specific  public  expenditures. 

If  that  theory  of  taxation  were  enacted  into  law  the  people 
might  be  arranged  in  classes  and  the  payment  of  the  cost  of  public 
activities  allotted  to  them  according  to  the  class  to  which  they  be- 
long. This  is  contrary  to  the  thus  far  established  policy  of  this 
state  that  taxes  shall  be  levied  for  general  state  purposes. 

I  am  not  seeking  to  protect  the  class  known  as  war  profiteers, 
however,  the  exclusive  privilege  of  taxing  that  type  of  excess  profits 
should  be  conceded  to  the  United  States  government  during  the 
period  of  the  war.  It  is  the  one  source  from  which  the  govern- 
ment must  derive  the  larger  part  of  its  income.  I  do  not  main- 
tain that  excessive  profits  are  sufficiently  taxed.  In  fact,  I  am 
firmly  of  the  opinion  that  persons,  firms  and  corporations  who 
make  an  unusual  profit  now,  and  which  is  in  excess  of  the  profit 
made  before  the  war,  should  be  made  to  pay  liberally  to  the  sup- 
port of  the  government,  so  that  the  term  "profiteers'*  will  grow 
in  disuse.  There  is.  however,  a  wide  difference  between  a  nor- 
mal income  that  this  bill  seeks  to  tax  and  the  excessive  profits 
made  by  the  profiteering  class. 

I  stated  to  you  in  my  message  that  it  is  proposed  to  use  the 
bond  issue  which  I  recommended  to  you  to  refund  certain  moneys 
which  have  been  taken  from  the  general  fund  of  the  state  treas- 
ury, under  authority  of  law,  to  clothe  and  equip  the  men  of  our 
National  Guard  before  they  undertook  their  trip  to  Texas  in  the 
service  of  the  United  States  government. 

The  full  amount  thus  expended  constitutes  a  claim  against  the 
United  States  government  and  will  be  repaid  to  the  state  at  some 


252  MESSAGES  TO  THE  LEGISLATURE 

future  time,  when  congress  would  be  willing  to  make  an  appro- 
priation for  such  purposes.  Like  the  claim  that  the  state  had 
against  the  government  in  the  60's,  the  money  will  be  returned 
with  interest.  There  is  reason  to  believe  that  the  people  of  the 
state  would  not  be  called  upon  to  pay  the  bonds  under  the  plan 
that  I  proposed  to  you,  because  the  government  may  refund  the 
money  before  the  bonds  come  due.  It  is,  however,  necessary  to 
use  the  credit  of  the  state  to  carry  the  amount  until  the  govern- 
ment makes  the  refund. 

Under  the  plan  of  this  bill  the  amount  is  raised  by  taxation 
immediately.  When  the  money  is  returned  by  the  government 
it  will  go  into  the  general  fund  of  the  state  and  will  be  used  for 
general  purposes,  so  that  in  the  end  the  money  collected  from  a 
comparatively  small  number  of  people  for  a  specific  purpose  will 
find  its  way  back  into  the  state  treasury  to  be  used  for  general 
purposes.  That  may  be  good  politics,  but  it  is  manifestly  unfair. 

Complaint  was  made  by  the  promoters  of  this  bill  that  the 
bond  issue  which  I  proposed  did  not  exempt  the  poor,  and  the 
usual  empty-handed  political  sympathy  was  extended  to  them. 
Although,  as  stated  above,  there  is  no  valid  reason  to  believe 
that  this  proposed  bond  issue  is  any  more  than  a  temporary  loan 
to  the  United  States  government,  I  will  assume,  for  the  sake  of 
the  argument,  that  the  people  might  ultimately  be  called  upon 
to  pay  it.  The  money  has  been  used  for  the  benefit  of  the  brave 
Wisconsin  boys  who  enlisted  in  our  National  Guard  and  are  now 
in  France.  That  the  money  has  been  wisely  spent  has  not  been 
questioned;  nor  has  it  anywhere  been  denied  that  they  were 
greatly  helped  by  it. 

The  services  of  these  men  are  appreciated  by  the  people  of  this 
state  and  I  will  not  believe  that  people  in  moderate  circumstances 
would  wish  that  they  be  excluded  from  the  privilege  of  giving 
their  mite  towards  this  fund,  so  that  they  too  may  give  public 
expression  of  their  appreciation  of  the  splendid  military  organiza- 
tion, the  Wisconsin  National  Guard. 

It  must  seem  small  indeed  to  those  who  have  been  benefited  by 
this  money  that  an  attempt  should  be  made  to  create  a  political 
issue  of  the  clothing,  the  food  and  the  other  necessities  and  com- 
forts that  we  gave  them  when  they  left  their  homes. 

Respectfully  submitted,  EMANUEL  L.  PHILIP  P. 

Dated,  February  28,  1918.  Governor. 


SESSION  OF  1918  253 

To  the  Honorable,  the  Assembly: 

I  herewith  return,  without  my  approval,  bill  No.  5,  A. 

This  bill  provides  that  county  boards  may  increase  the  appro- 
priations for  county  councils  of  defense  from  three  one-hundredths 
of  one  mill  to  three-tenths  of  one  mill. 

Any  law  passed  at  a  special  session  of  the  legislature  must  com- 
ply with  the  constitutional  provision  regarding  the  calling  of 
special  sessions  of  the  legislature  in  order  to  be  valid. 

Section  11  of  Article  IV  of  the  constitution  provides  that  no 
business  can  be  transacted  at  a  special  session  of  the  legislature 
except  as  shall  be  necessary  to  accomplish  the  special  purposes 
for  which  it  was  convened. 

The  special  purposes  for  which  a  legislature  is  convened  is 
contained,  of  course,  in  the  proclamation  calling  for  the  special 
session. 

My  proclamation  calling  for  the  present  special  session  did 
not  specifically  include  as  one  of  the  special  purposes  for  which 
it  was  to  convene,  the  authorizing  of  county  boards  to  increase 
the  sums  that  they  might  appropriate  for  the  benefit  of  county 
councils  of  defense.  Nothing  on  that  subject  was  specifically 
mentioned  in  the  call. 

This  bill  cannot,  therefore,  be  sustained  by  reason  of  any 
express  provision  of  my  proclamation. 

The  only  provision  of  the  call  under  which  it  could  possibly 
be  claimed  to  be  sustained  is  the  fifteenth  subject  of  the  call 
which  reads  as  follows:  "To  enact  legislation  prohibiting  in- 
citing or  attempting  to  incite  or  aiding  in  inciting  insurrection 
or  sedition,  and  prohibiting  the  teaching  or  advocating  of  dis- 
loyalty to  the  national  government  or  opposition  to  the  state  gov- 
ernment, and  prohibiting  interfering  with  or  discouraging  prep- 
aration for  national  or  state  defense,  and  enacting  such  other 
legislation  as  will  protect  our  citizens  during  time  of  war  and 
providing  suitable  punishments  and  penalties  therefor." 

All  of  the  purposes  specified  in  this  fifteenth  subject  of  the 
call  are  specific  except  "and  enacting  such  other  legislation  as 
will  protect  our  citizens  during  time  of  war."  This  bill  cannot 
be  sustained  as  being  within  any  of  the  specific  purposes  men- 
tioned in  this  fifteenth  subject,  and,  therefore,  if  sustained  at 
all  it  must  be  by  virtue  of  the  words  "and  enacting  such  other 
and  providing  suitable  punishments  and  penalties  therefor." 


254  MESSAGES  TO  THE  LEGISLATURE 

A  familiar  rule  of  construction  adopted  by  all  courts  is  the 
rule  of  noscitur  a  sociis.  Under  this  familiar  rule  the  words 
"and  enacting  such  other  legislation  as  will  protect  our  citizens 
during  time  of  war"  must  be  limited  to  protection  of  the  same 
nature,  kind,  or  class  as  that  theretofore  specifically  enumerated. 
All  the  things  specifically  enumerated  are  criminal  and,  there- 
fore, "such  other  legislation  as  will  protect  our  citizens  during 
the  time  of  war"  must  be  confined  to  other  criminal  legislation 
which  will  protect  our  citizens  during  time  of  war. 

This  is  the  more  apparent  from  the  concluding  words  of  the 
fifteenth  subject  of  the  call  "and  providing  suitable  punishment 
and  penalties  therefor/'  The  word  "therefor"  refers  not  only 
to  those  things  specifically  enumerated,  but  also  those  things  which 
may  be  included  under  the  broader  term  "other  legislation." 
Therefore  the  "other  legislation"  which  may  be  enacted  under 
the  fifteenth  subject  of  the  call  must  be  other  legislation  which 
would  carry  a  punishment  or  a  penalty  for  its  violation— in  other 
words,  a  criminal  statute  and  not  a  statute  such  as  the  bill  now 
under  consideration  would  be  if  it  were  to  become  a  law. 

I  am  clearly  of  the  opinion  that  bill  No.  5,  A.,  is  not  within 
the  special  purposes  for  which  you  were  convened  and,  there- 
fore, if  enacted  into  law  would  be  void  and  of  no  effect. 

I  am  not  unmindful  of  the  doctrine  that  within  the  limits  of 
the  special  purposes  for  which  you  were  called  you  may  act 
freely,  in  whole  or  in  part,  or  not  at  all,  as  you  may  deem  ex- 
pedient and  according  to  your  own  judgment,  but  you  cannot 
legally  legislate  upon  business  not  named  in  the  call.  In  re 
Governor's  Proclamation,  35  Pac.  530. 

If  the  bill  under  consideration  is  not  within  the  terms  of  the 
call,  and,  therefore,  if  enacted  into  law  would  be  null  and  void, 
all  tax  levies  in  counties  where  the  boards  had  appropriated 
money  under  its  pretended  authorization  would  likewise  be  null 
and  void,  and  any  taxpayer  could  question  both  the  validity  of 
the  act  and  the  tax  levy.  This  would  result  in  much  litigation 
and  might  greatly  embarrass  the  collection  of  taxes  in  many  of 
the  counties  of  the  state. 


SESSION  or  1918  255 

The  only  safe  course  to  pursue  is  to  permit  the  present  law 
to  stand  until  the  next  regular  session  of  the  legislature. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 
Dated,  March  6,  1918. 


GOVERNOR'S  MESSAGE 

September  24,  1918. 
Gentlemen  of  the  Legislature: 

The  new  conscription  act  which  was  recently  passed  by  Con- 
gress and  approved  by  the  President  definitely  binds  the  coun- 
try to  the  policy  of  consecrating  its  entire  energy  to  the  winning 
of  the  war  as  quickly  as  possible. 

The  new  act  fixes  the  age  limits  from  18-45,  both  inclusive. 
The  new  military  program  as  outlined  by  the  Secretary  of  War 
calls  for  the  increase  of  the  army  by  more  than  two  million  men 
by  July  1st,  1919.  This  necessitates  the  mobilization  of  all  phy- 
sically fit  registrants  under  twenty-one  years  of  age  as  promptly 
as  possible. 

In  order  that  these  young  men  who  are  now  being  called  to 
the  colors  may  be  given  an  opportunity  to  continue  their  educa- 
tion, the  United  States  War  Department  Committee  on  Educa- 
tion and  Special  Training  (General  Staff)  proposes  to  establish 
military  training  schools  at  the  educational  institutions  of  the 
states  so  that  these  young  soldiers  may  continue  their  studies 
as  long  as  military  necessities  will  permit  and  at  the  same  time 
receive  their  military  training.  This  system  will  apply  to  all 
institutions  of  collegiate  grade  which  enroll  for  the  course  one 
hundred  or  more  able-bodied  male  students  over  eighteen,  and 
may  also  be  applied  to  other  institutions  approved  by  the  War 
Department  Committee.  The  qualifications  required  for  entry 
are  the  same  as  heretofore — graduation  from  a  high  school  or 
other  accredited  school  of  like  grade  will  be  necessary  for  ad- 
mission to  what  is  to  be  known  as  the  Students'  Army  Training 
Corps. 

Provision  is  also  made  for  the  young  men  who  have  not  grad- 
uated from  high  schools  or  similar  institutions  and  who  may 
wish  to  take  advantage  of  a  course  in  vocational  training.  Young 
men  in  that  situation  must  make  their  application  to  their  Local 


256  MESSAGES  TO  THE  LEGISLATURE 

Draft  Boards  and  receive  their  recommendations  to  the  schools 
that  they  wish  to  enter.  It  must  be  understood,  however,  that 
these  opportunities  are  open  only  when  a  call  is  made  upon  the 
state  for  men  of  vocational  training. 

The  young  men  who  take  advantage  of  these  special  training 
courses  will,  upon  entry,  enlist  in  the  army  of  the  United  States 
and  will  be  subject  to  call  into  the  regular  service  at  the  will  of 
the  government.  They  will  receive  their  clothing,  equipment  and 
subsistence— in  fact,  they  will  in  all  respects  be  treated  as  are 
enlisted  men  in  other  military  camps,  with  the  additional  privi- 
lege, however,  that  they  will  be  given  an  opportunity  to  devote 
part  of  their  time  to  their  general  education. 

The  carrying  out  of  this  plan  necessitates  the  building  of  bar- 
racks and  other  necessary  quarters,  and  it  is  proposed  that  such 
temporary  buildings  be  erected  at  the  university  and  at  such 
normal  schools  as  will  be  able  to  qualify  under  the  rules  estab- 
lished by  the  government.  No  appropriations  are  available  now 
for  the  construction  of  the  necessary  buildings  and  I  have  called 
you  in  extraordinary  session  to  meet  this  requirement. 

The  University  has  sufficient  money  in  its  appropriation  funds 
to  erect  and  rent  the  necessary  buildings  and  to  operate  a  Stu- 
dent Army  Training  Corps,  but  requires  authority  from  the  Legis- 
lature to  use  the  money  needed  for  the  purpose  stated. 

The  indications  are  that  all  of  our  normal  schools  will  also 
be  able  to  qualify  and  to  operate  as  units  of  the  Student  Army 
Training  Corps.  I  am  advised  by  the  Board  of  Regents  of  Nor- 
mal Schools  that  they  require  an  appropriation  of  $140,000.00 
to  erect  the  barracks  and  mess  halls  and  secure  the  necessary 
equipment  and  that  in  addition  they  will  require  approximately 
$60,000.00  as  a  revolving  fund  to  provide  the  subsistence  until 
the  collections  can  be  made  from  the  United  States  Government. 
It  is  the  purpose  of  the  United  States  Government  to  enter 
into  contracts  with  the  University  and  the  Normal  Schools  under 
which  a  fee  for  tuition  and  a  per  diem  rate  for  subsistence  will 
be  established,  such  fees  and  rates  to  be  sufficiently  large  to  com- 
pensate the  state  for  the  entire  outlay  of  money  for  housing 
and  subsistence  and  part  of  the  outlay  for  instruction,  to  the 
end  that  after  the  service  has  been  rendered  the  government  will 
have  repaid  to  the  state  treasury  a  very  large  part,  if  not  all,  of 
the  entire  expenditure. 


SESSION  OF  1918  257 

I  regard  the  project  as  a  worthy  one  both  in  the  interest  of 
our  young  men  and  in  the  interest  of  the  army,  and  I  therefore 
recommend  that  you  authorize  the  appropriations  as  provided  in 
a  bill  which  has  been  prepared  and  will  be  submitted  to  you. 

In  order  that  there  be  a  central  control  over  this  work  I  rec- 
ommend that  the  appropriation  be  made  to  the  State  Board  of 
Education  and  that  the  same  be  made  available  when  a  satisfac- 
tory rate  for  subsistence  and  the  tuition  fee  has  been  agreed  to 
by  contract  and  the  specifications  for  buildings  are  approved  by 
the  United  States  Government  and  the  State  Engineering  Depart- 
ment and  all  the  requirements  have  been  met  by  the  schools  which 
make  application  for  these  funds. 

The  law  should  further  direct  that  each  school  which  takes 
advantage  of  this  arrangement  with  the  government  make  a  month- 
ly report  to  the  State  Board  of  Education  of  its  receipts  and 
expenditures,  the  fees  and  tuitions  and  the  cost  of  subsistence, 
and  the  amount  due  from  the  government  for  the  same. 

It  is  of  first  importance  that  this  state  shall  again  succeed  in 
selling  its  quota  of  Liberty  Bonds  to  our  people.  It  is  repre- 
sented that  large  sums  of  money  are  held  by  municipalities  that 
may  be  used  to  purchase  government  securities.  A  bill  has  been 
prepared  and  will  be  presented  to  you  which  will  authorize  munici- 
palities to  use  funds  for  that  purpose,  and  I  urge  you  to  pass 
the  same  promptly  and  make  such  funds  immediately  available 
for  the  purchase  of  Liberty  Bonds  and  other  government  securi- 
ties that  are  offered  for  sale  now. 

It  is  fitting  that  I  should  again  express  my  high  appreciation 
of  the  splendid  cooperation  that  the  people  of  our  state  are  giv- 
ing in  support  of  the  war.  We  have  thus  far  met  every  require- 
ment of  the  government  in  a  liberal  manner  and  this  common- 
wealth has  won  the  proud  reputation  of  being  one  of  the  first 
states  in  the  Union  in  its  cooperation  with  the  Federal  Govern- 
ment in  the  support  of  the  war.  I  sincerely  hope  that  this  fine 
spirit  will  live  among  us  until  our  army  and  naval  forces  and 
the  forces  of  our  Allies  have  achieved  the  final  victory.  The 
government  expenditures  are  necessarily  large  and  the  bond  sales 
and  the  tax  collections  that  will  follow  will  cause  us  to  reach 
down  deep  into  our  pockets.  I  hope,  however,  that  every  man 
will  give  all  that  he  can.  He  who  gives  all  he  can  afford,  whether 
the  amount  be  large  or  small,  is  rendering  a  real  service  to  his 


258  MESSAGES  TO  THE  LEGISLATURE 

country.     Let  us  remember  always  that  it  matters  not  what  the 
war  may  cost,  no  price  is  too  great  for  human  liberty. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 


REPORT  ON  CONTINGENT  FUND 

To  the  Honorable,  the  Legislature: 

Pursuant  to  the  requirements  of  law,  I  have  the  honor  to  re- 
port the  following  expenditures  from  the  Governor's  Contingent 
Fund,  during  the  period  beginning  on  the  first  day  of  January, 
1917,  and  ending  at  noon  on  the  sixth  day  of  January,  1919: 

RECEIPTS. 

Cash  on  hand  January  2,  1917 $    160.29 

March  5,  1917,  cash  from  State  Treasurer 1,500.00 

July  21,  1917,  cash  from  State  Treasurer 1,000.00 

January  5,  1918,  refund  on  Notary  Public  Com- 
mission          4.08 

April  1,  1918.  cash  from  State  Treasurer 1,500.00 


14,164.37 
DISBURSEMENTS. 

Mar.     6,  1917,  Supt.  Public  Property,  repairs--?    384.00 

Mar.  23,  1917,  C.   W.    Croty,    services 225.00 

Apr.  2,  1917,  George  B.  Hudnall,  legal  serv- 
ices    350.00 

Apr.    17,  1917,  Ivan  Kantcheff,  services 25.00 

Apr.    26,  1917,  Ivan  Kantcheff,  services 100.14 

June  13,  1917,  Extra  stenographic  services 50.00 

July     2,  1918,  Supt.  Public  Property,  repairs—     296.88 
July  16,  1918,  George   B.    Hudnall,    legal    serv- 
ices         408.35 

July  23,  1918,  Spooner-McConnell    Co 23.33 

Nov.  21,  1918,  W.   N.   Fitzgerald,   expenses 100.00 

Nov.  21,  1918,  E.  Davenport,  Dean  of  Univ.  of 
111.,  expenses  in  milk  contro- 
versy    61.83 

Nov.  21,  1918,  F.  A.  Pearson,  expenses  in  milk 

controversy  20.67 

Nov.  21,  1918,  H.  L.  Russell,  Dean  of  Univ.  of 
Wis.,  expenses  in  milk  con- 
troversy    26.22 


SESSION  OF  1918  259 

Nov.  23,  1918,  A.  B.  Beecroft,  expenses  of  Gov. 

Upham  to  Vicksburg  Reunion       48.70 

Nov.  26,  1918,  Sidney  Hirsch   Co.,   Uniform  for 

messenger  60.00 

Apr.     1,  1918,  George    B.    Hudnall,    legal    serv- 
ices         125.72 

Oct.      8,  1918,  George   B.    Hudnall,    legal    serv- 
ices          212.85 

Nov.  26,  1918,  Effie  L.  Lord,  stenographic  serv- 
ices           15.00 

Dec.  31,  1918,  E.   L.   Philipp,   expenses   govern- 
ors' conference  123.40 

Newspaper  subscriptions  512.51 


$3,169.60 

Cash   on   hand $    994.77 

Under  Section  172 — 2  Executive  Department  re- 
ceives a  contingent  fund  of  $2,000.00  per  an- 
num. There  remains  to  the  credit  of  this  de- 
partment on  books  of  Secretary  of  State-— 3,000.00 


Total  balance  in  contingent  fund $3,994.77 

Bespectfully  submitted, 

EMANTJEL  L.  PHILIPP, 

Governor. 
January  "7,  1919. 


260  MESSAGES  TO  THE  LEGISLATURE 


1919  SESSION. 

Regular  Session  Begun  January  8,  1919: 
Ended  July  30,  1919. 

Special  Session  Began  September  4,  1919 : 
Ended  September  8, 1919. 


GOVERNORS  MESSAGE. 

January  9,  1919. 
To  the  Senate  and  Assembly: 

The  Legislature  of  1917  was  confronted  with  the  problems  of 
the  war.  How  to  raise  men  and  money  and  at  the  same  time 
carry  on  the  industries  and  expand  agriculture,  in  order  to  in- 
crease the  food  production,  and  the  numerous  other  activities 
that  needed  to  be  carried  on  that  Wisconsin  might  do  her  full 
share  in  the  great  world  war,  were  problems  that  confronted  us 
at  that  time. 

I  am  happy  to  be  able  to  report  that  the  people  of  this  com- 
monwealth met  every  demand  made  upon  them  by  the  federal 
government  completely,  promptly  and  with  enthusiasm.  That  this 
state  has  made  a  reputation  for  patriotic  cooperation  in  support 
of  our  government  and  the  soldierly  qualities  of  the'  men  that 
we  furnished  for  the  army  and  navy  that  is  second  to  no  state 
in  the  Union,  is  now  generally  admitted.  In  view  of  the  cam- 
paign of  vile  slander  that  was  carried  on  quite  generally  through- 
out the  country  against  our  state  by  an  element  o?  politicians 
and  a  political  press  in  their  effort  to  make  it  appear  to  the 
balance  of  the  country  that  a  large  number  of  our  people  were 
pro-German  in  their  sentiments  and  therefore  disloyal,  it  is  a 
source  of  great  satisfaction  to  me  to  review,  even  briefly  as  I 
must  in  this  document,  the  splendid  record  which  the  state  made 
during  the  period  of  the  war. 

The  patriotic  sentiment  of  our  people  was  reflected  in  the  gen- 
erous response  of  our  young  men  to  the  call,  of  the  President  of 
the  United  States  to  join  the  colors.  The  Wisconsin  National 
Guard  was  the  first  military  unit  organized.  The  authority  for 
the  enlistment  of  these  men  was  found  in  the  National  Defense 
Act,  which  was  passed  by  Congress  in  1916. 


SESSION  OF  1919  261 

Tinder  that  act  we  had  enlisted  and  fully  equipped 
ready  for  entrainment  when  the  order  was  re- 
ceived from  the  national  government 16,000 

Number  of  volunteer  recruits  sent  to  join  the  National 

Guard  at  Camp  MacArthur 2,000 

Enlistments  in  the  United  States  Navy,  Kegular  Army 
and  National  Guard  since  in  the  United  States 
service  10,000 

Number  of  men  drafted  under  the  Selective  Service 

Act,  approximately  90,000 

Making  a  total  of  118,000  men  who  entered  the  service  from 
the  state  of  Wisconsin  of  whom  we  have  a  record.  There  may 
be  added  to  this  number  those  who  enlisted  prior  to  April  1, 
1917 ;  also  a  large  number  of  Wisconsin  men  who  enlisted  in  Min- 
nesota, Michigan  and  Illinois.  We  cannot  determine  this  num- 
ber definitely  because  we  have  so  far  been  unable  to  secure  the 
records  from  the  government.  We  believe,  however,  that  10,000 
would  be  a  conservative  estimate,  which  would  bring  the  total 
number  of  men  in  the  service  of  the  army  and  navy  from  this 
state  to  128,000. 

I  should  not  fail  to  state  that  a  call  for  volunteers  at  all  times 
met  with  a  most  generous  response  and  the  90,000  -men  who 
were  taken  into  the  service  under  the  Selective  Draft  Act  re- 
sponded without  protest.  The  records  of  the  Draft  Boards  show 
but  few  cases  where  it  was  necessary  to  force  a  compliance  with 
their  orders. 

The  splendid  service  rendered  by  Wisconsin  men  to  whom  was 
given  the  privilege  to  enter  the  field  of  operations  is  a  matter 
of  public  knowledge  and  has  been  widely  commented  upon  by 
the  press  of  the  country.  The  three  companies  that  were  taken 
from  the  National  Guard  and  placed  in  the  Eainbow  Division, 
and  the  National  Guard  which  is  part  of  the  32nd  Division  took 
part  in  some  of  the  hardest  fought  battles  of  1918.  Their  praise 
comes  to  us  from  the  American  and  French  generals  who  com- 
manded them,  and  their  work  will  constitute  one  of  the  brilliant 
pages  of  history  of  the  great  world  war.  I  have  full  faith  in 
the  patriotic  spirit  of  our  young  manhood  and  if  it  had  been 
the  privilege  of  the  entire  force  of  Wisconsin  men  to  meet  the 
enemy  on  the  field  of  battle  I  am  sure  that  they  too  would  have 


262  MESSAGES  TO  THE  LEGISLATURE 

proven  their  soldierly  qualities  and  would  have  given  a  splendid 
account  of  themselves. 

The  activities  that  were  carried  on  in  the  state  in  support  of 
the  army  and  in  the  aid  of  the  requirements  of  the  government 
were  numerous  and  successful.  Immediately  after  the  passage 
of  the  Selective  Draft  Law  I  organized  105  Draft  Boards,  as 
the  law  directed;  also  five  District  Boards  or  Boards  of  Appeal. 
These  boards  administered  the  Selective  Draft  Act  in  a  most 
successful  manner  and  it  should  be  a  matter  of  pride  to  the 
people  of  Wisconsin  to  receive  the  statement  from  the  Provost 
Marshal  General  of  the  United  States,  who  has  charge  of  the 
administration  of  the  Selective  Draft  Act,  giving  the  state  one 
of  the  first  places  among  the  states  in  the  Union  in  the  success- 
ful administration  of  the  law,  and  it  has  been  stated  by  the 
same  authority  that  Wisconsin  had  a  smaller  per  cent  of  draft 
delinquents  than  any  other  state  in  the  Union,  which  should 
dispose  for  all  time  any  doubt  which  any  person  may  have  had 
in  his  mind  about  the  loyalty  of  the  people  of  this  state.  It  is 
a  result  that  speaks  for  itself. 

For  this  achievement  we  are  indebted  to  the  splendid  work 
of  the  Draft  Boards  and  the  assistance  that  was  given  them  by 
the  lawyers  and  the  doctors  of  this  state,  who,  in  the  main,  gave 
their  time-  freely  and  without  compensation  and  thereby  made  it 
possible  for  us  to  secure  the  prompt  results  that  we  did. 

The  State  Council  of  Defense,  the  Eed  Cross  organization  and 
the  various  other  kindred  organizations  all  displayed  great  in- 
dustry and  zeal  for  the  support  of  the  army  and  the  welfare  of 
the  country.  In  the  collection  of  money  for  war  purposes  and 
in  the  purchase  of  bonds  and  other  government  securities  our 
people  have  met  every  expectation  of  the  government— in  fact 
they  have  given  more  than  was  asked  of  them. 

The  Fuel  and  Food  Administrators  were  nominally  under  the 
control  of  the  Washington  authorities.  They  were  nevertheless 
directly  connected  with  the  state  government  and  I  feel  it  my 
duty  to  call  your  attention  to  the  fact  that  both  departments 
were  successfully  managed. 

I  wish  to  remind  you  that  during  the  winter  of  1917-18,  when 
the  eastern  states  and  some  of  the  middle  western  states  were 
sorely  pressed  for  fuel,  Wisconsin  had  a  sufficient  supply,  for 


SESSION  OF  1919  263 

which  we  were  indebted  to  a  large  extent  to  Fuel  Administrator 
William  N.  Fitzgerald. 

The  Food  Administration,  under  the  direction  of  Mr.  Magnus 
Swenson,  has  at  all  times  had  the  endorsement  of  National  Food 
Director,  Mr.  Hoover. 

In  all  the  duties  that  have  been  placed  upon  the  state  I  have 
at  all  times  had  the  full  cooperation  of  all  the  state  officers  and 
employes. 

I  should  make  special  mention  of  the  patriotic  work  done  by 
the  splendid  women  of  this  state. 

I  ask  you  to  pass  resolutions  recognizing  the  services  rendered 
by  our  Wisconsin  soldiers  and  our  civilian  population,  laying  par- 
ticular stress  upon  the  valor  of  our  soldiers  and  the  patriotism 
of  our  people,  in  order  that  the  splendid  work  which  has  been 
accomplished  will  be  made  a  permanent  record  and  placed  in 
the  archives  of  this  state  for  the  information  of  future  genera- 
tions. 

EECONSTRUCTION 

The  question  of  what  should  be  done  for  the  returning  soldier 
is  being  widely  discussed  by  the  press  and  public  men  of  the 
country.  For  those  who  have  been  wounded  or  otherwise  dis- 
abled the  course  to  be  pursued  is  quite  clear.  They  will  need 
to  be  retained  in  the  hospitals  and  receive  the  attention  of  doc- 
tors and  nurses  until  they  have  recovered,  or  at  least  as  nearly 
so  as  medical  skill  can  accomplish  their  recovery.  So  far  as  I 
know  the  government  has  not  yet  announced  its  policy  with  ref- 
erence to  these  men. 

I  thought  it  would  be  helpful  to  Wisconsin  men  who  are  wounded 
if  they  might  be  returned  to  the  state  where  they  would  be  close 
to  their  relatives  and  friends,  and  with  that  thought  in  mind 
I  sent  a  representative  to  the  Surgeon  General  of  the  United 
States  for  the  purpose  of  concluding  some  arrangements  under 
which  hospital  facilities  would  be  provided  in  Wisconsin  either 
by  the  government  or  the  state  under  satisfactory  arrangement 
with  the  government.  Up  to  this  time,  however,  no  progress 
has  been  made  with  that  proposal. 

It  has  been  suggested  by  the  Secretary  of  the  Interior  that 
the  able-bodied  men  who  are  now  being  discharged  be  given  an 
opportunity  to  secure  land  and  engage  in  farming.  I  agree  with 
the  Honorable  Secretary  that  it  would  be  very  desirable  from 


264  MESSAGES  TO  THE  LEGISLATURE 

the  standpoint  of  the  soldier  and  the  state  if  such  an  opportunity 
were  given  to  returning  soldiers  who  desire  it. 

It  has  been  suggested  that  the  state  lands  be  opened  to  home- 
steads for  this  purpose.  It  will,  however,  be  impossible  to  adopt 
this  suggestion  for  the  reason  that  practically  all  of  the  so-called 
state  lands  are  merely  held  in  trust  for  the  benefit  of  the  vari- 
ous school  funds  and  must,  therefore,  be  sold  to  the  highest  bid- 
der in  the  interest  of  the  fund  to  which  the  land  belongs.  All 
this  land  that  is  good  for  agricultural  purposes  could  be  pur- 
chased, as  no  doubt  could  the  cut  over  lands  owned  by  private 
parties.  The  state  will,  however,  be  unable  to  do  this  for  the 
reason  that  there  is  a  constitutional  prohibition  against  the  con- 
tracting of  debts  by  the  state  except  for  war  purposes,  to  sup- 
press insurrection  and  repel  invasion. 

I  have  suggested  to  the  Secretary  of  the  Interior  that  the 
lands  be  purchased  by  the  United  States  Government  and  that 
in  addition  to  the  land  there  be  advanced  to  each  soldier  who 
desires  to  engage  in  farming  a  sufficient  sum  of  money  to  enable 
him  to  clear  at  least  forty  acres  and  erect  the  necessary  build- 
ings and  purchase  the  live  stock  that  he  requires,  the  govern- 
ment to  own  the  land  and  other  property  and  give  the  soldier 
a  reasonable  time  to  earn  the  money  to  pay  his  indebtedness  to 
the  government.  Insomuch  as  the  soldier  has  rendered  a  na- 
tional service  the  matter  of  giving  him  an  opportunity  to  estab- 
lish himself  is  in  fact  a  national  obligation  and  should  as  a 
matter  of  right  be  assumed  by  the  United  States  Government. 
Whether  the  plan  which  I  have  suggested  or  some  other  plan 
be  adopted  is  a  matter  that  Congress  must  decide.  I,  however, 
feel  confident  that  in  whatever  is  done,  Wisconsin  will  be  glad 
to  do  her  part. 

With  the  signing  of  the  armistice,  the  cessation  of  hostilities 
and  the  complete  collapse  of  the  governments  of  the  Central 
Powers  we  have  a  right  to  assume  that  the  war  is  over— at  least 
there  is  no  reason  to  expect  any  further  hostilities  between  na- 
tions. Our  troubles,  however,  are  not  over  and  if  our  country 
feels  called  upon  to  keep  an  army  of  occupation  in  Europe  until 
new  governments  have  been  established  and  order  restored  in 
the  conquered  countries  it  will  probably  be  a  long  time  before 
the  American  army  can  return.  No  doubt  the  military  units 
that  are  now  on  American  soil  and  a  part  of  our  army  in  Europe 


SESSION  OF  1919  265 

will  be  demobilized  as  rapidly  as  the  War  Department  can  ac- 
complish it. 

This  project  has  started  a  wide  discussion  of  the  problem  of 
reconstruction— in  other  words,  the  task  of  bringing  the  coun- 
try from  a  war  to  a  peace  basis  and  the  resumption  of  peaceful 
pursuits  by  our  soldier  and  civilian  population.  In  our  own 
state  I  see  no  great  problem  before  us  now.  The  men  who  en- 
tered military  service  from  the  farms  are  badly  needed  at  home 
and  will  find  the  occupation  which  they  left,  open  to  them;  in 
fact,  the  agricultural  sections  are  very  short  of  labor  and  will 
be  able  to  absorb  even  a  far  greater  number  than  the  soldiers 
that  were  taken  from  that  occupation.  In  the  industrial  sections 
there  has  been  and  is  now  a  great  shortage  of  labor. 

No  doubt  many  changes  will  be  necessary  when  the  soldiers 
who  return  take  up  their  former  employment.  The  men  who 
entered  the  army  were  the  flower  of  our  young  manhood.  They 
may  be  counted  among  our  most  efficient  producers  and  no  doubt 
they  will  be  welcomed  back  to  the  employment  which  they  left. 
So-called  nonessential  industries  will  offer  employment  to  many 
who  were  drawn  into  the  war  industries  and  in  my  judgment 
as  matters  stand  today  the  only  problem  is  to  care  for  the  women 
who  took  the  places  of  men  in  the  factories  and  other  occupations 
during  the  period  of  the  war.  The  state  stands  ready  to  seek 
new  occupations  for  them  and  for  all  others  who  may  need  the 
state's  aid  through  its  labor  agencies.  The  United  States  Gov- 
ernment is  also  active  along  the  same  lines  and  I  feel  confident 
that  every  job  in  Wisconsin  will  be  found  and  that  a  suitable 
person  who  is  seeking  employment  will  be  duly  notified  where 
employment  can  be  found. 

In  my  judgment  the  most  difficult  problem  of  reconstruction 
is  to  bring  all  prices  down  to  a  normal  basis.  There  is  an  abun- 
dance of  work  in  sight  for  all  for  years  to  come.  Public  and 
private  building  has  been  delayed  and  railroads  require  the  ex- 
penditure of  vast  sums  of  money  in  betterments  and  in  the  build- 
ing of  new  extensions.  However,  much  of  this  necessary  work 
will  be  delayed  until  it  can  be  done  for  normal  prices.  In  the 
end  it  will  be  better  for  all  concerned  if  the  reduction  in  the 
cost  of  production  will  be  brought  about  by  an  understanding 
between  capital  and  labor  than  to  have  it  forced  upon  us  by 
stagnation  in  business  and  enforced  idleness. 


266  MESSAGES  TO  THE  LEGISLATUEE 

The  reduction  in  the  cost  of  production  must  necessarily  carry 
with  it  a  corresponding  reduction  in  the  cost  of  living,  and  to 
meet  this  situation  fairly,  which  I  believe  must  be  done,  the 
employer's  profit,  the  employe's  wages,  the  cost  of  food,  the  cost 
of  distribution  and  the  distributor  must  each  bear  his  fair  share 
of  the  shrinkage.  The  important  object  to  be  accomplished  is 
to  bring  about  the  necessary  readjustment  from  a  war  to  a  peace 
basis  without  friction  between  labor  and  capital.  Neither  side 
should  be  permitted  to  take  advantage  of  the  other  and  all  men 
should  appreciate  that  the  one  thing  to  avoid  at  this  time  is  busi- 
ness paralysis  and  enforced  idleness. 

These  problems  should  be  met  in  the  same  patriotic  spirit  which 
prompted  us  to  aid  our  government  during  the  war.  We  were 
willing  to  make  concessions  to  each  other  then  and  we  should 
do  so  now.  Speaking  in  general  terms,  the  wages  which  the 
laboring  man  can  receive  will  be  controlled  by  what  the  product 
of  his  labor  can  be  sold  for  on  the  market.  When  wage  reduc- 
tions are  undertaken  it  would  be  a  source  of  much  satisfaction 
to  the  laboring  man  and  to  the  employes  generally  if  they  could 
be  convinced  that  the  rate  of  pay  which  is  being  offered  is  all 
that  the  employer  can  afford  to  pay,  and  that  he  is  exacting  mere- 
ly a  reasonable  profit  for  himself. 

I  believe  it  would  be  helpful  during  the  period  of  reconstruc- 
tion if  labor  could  be  given  access  to  a  state  board  which  might 
determine,  whenever  it  is  asked  to  do  so,  whether  the  wage  which 
is  being  paid  as  a  reasonable  compensation  in  view  of  the  selling 
price  of  labor's  product.  I  feel  confident  that  a  statement  from 
state  authority  that  the  rate  of  pay  offered  is  a  fair  compensa- 
tion based  upon  the  value  of  the  product  produced  would  go  far 
towards  maintaining  a  satisfactory  relation  between  capital  and 
labor. 

I  recommend  that  you  pass  an  act  creating  a  commission,  to 
consist  of  manufacturers  and  laborers,  which  shall  have  the  power 
to  investigate  any  manufacturer  or  business  that  employs  labor 
and  determine  whether  the  wages  offered  are  a  reasonable  com- 
pensation for  the  services  performed,  and  whether  the  rate  paid 
is  all  that  can  reasonably  be  expected  to  be  paid  under  existing 
business  conditions  and  the  price  obtainable  for  the  product  manu- 
factured; also  whether  the  wages  offered  are  sufficient  to  guaran- 


SESSION  OF  1919  267 

tee  a  fair  living  under  the  conditions  existing  including  the  price 
of  food. 

It  is  not  my  thought  that  this  commission  shall  have  the  right 
to  fix  wages.  Its  functions  should  be  to  determine  what  is  right 
and  fair  between  employer  and  employe.  I  believe  when  that 
is  established  we  may  safely  leave  the  final  adjustments  to  them. 
The  commission  which  I  recommend  should  have  the  power  to 
employ  the  necessary  accountants,  the  commissioners  themselves 
to  receive  only  a  reasonable  per  diem  for  services  actually  per- 
formed and  the  life  of  the  commission  may  be  limited  to  two 
years. 

What  to  do  with  our  railroads  is  one  of  the  serious  problems 
that  confronts  Congress  at  this  time.  In  our  own  state  we  need 
a  better  passenger  service,  a  more  liberal  freight  service  and 
lower  rates,  both  passenger  and  freight.  As  I  understand  it, 
many  lines  are  now  being  operated  with  a  growing  deficit  under 
their  government  contracts.  Under  those  conditions  we  cannot 
look  for  any  substantial  reduction  in  rates  or  improved  and  more 
costly  service  unless  the  government  stands  ready  to  make  good 
further  and  larger  deficits. 

The  cost  of  transportation  plays  an  important  part  in  the 
problems  of  reconstruction.  If  business  is  going  to  be  re-estab- 
lished on  a  paying  basis  that  will  enable  the  employer  to  pay  big 
wages  it  will  be  necessary  to  seek  new  markets  in  order  to  secure 
the  volume  of  trade.  The  present  system  of  high  rates  that  are 
inflexible,  except  as  they  are  still  further  advanced,  do  not  prom- 
ise any  substantial  aid  to  the  shipper  in  his  efforts  to  widen  his 
field;  nor  shall  we  be  able  to  extend  our  commerce  to  foreign 
countries  on  the  combination  of  rates  now  made  for  land  and 
water  transportation. 

I  believe  it  to  be  a  general  demand  among  the  people  that  we 
put  transportation  back  to  somewhere  near  the  basis  that  it  was 
before  the  roads  were  taken  over  by  the  government  for  war 
purposes.  It  will  be  helpful  to  our  members  of  Congress  if  you 
will  give  an  expression  of  sentiment  on  this  important  question 
and  I  recommend  that  you  pass  a  resolution  demanding  lower 
rates  of  transportation,  better  service,  both  freight  and  passenger, 
and  a  return  of  the  railroads  of  this  country  to  their  owners 
just  as  soon  as  it  is  possible  to  do  so. 


868  MESSAGES  TO  THE  LEGISLATURE 

MILITARY  TRAINING 

The  beginning  of  the  war  found  our  country  wholly  unpre- 
pared. This  statement  applies  not  merely  to  equipment  and 
munitions,  but  to  our  army  as  well.  Our  Regular  Army  con- 
sisted of  only  70.000  men,  a  mere  police  force.  In  addition  to 
the  Regular  Army  we  had  about  200,000  National  Guardsmen 
with  more  or  less  training. 

The  war  demonstrated  to  us  that  we  cannot  again  permit  our- 
selves to  lapse  into  this  unprepared  condition  and  there  is  an 
unmistakable  sentiment  in  this  country  in  favor  of  some  type 
of  universal  training.  I  hope  the  country  will  not  make  the 
mistake  of  creating  a  great  standing  army.  Whether  that  army 
may  be  created  under  the  draft  system  or  by  volunteers,  the  fact 
remains  that  it  is  the  beginning  of  a  great  military  establish- 
ment which  will  mean  militarism  in  America.  It  is  no  answer 
to  say  that  a  great  standing  army  in  the  United  States  would 
not  mean  what  a  great  standing  army  in  any  one  of  the  Euro- 
pean countries  means.  In  the  last  analysis  it  is  a  war  machine 
that  can  be  used  for  war  and  war  only,  and  its  influence  here  will 
be  against  peace,  as  it  has  been  in  every  other  country.  A  great 
war  machine  wants  to  put  itself  in  use.  It  wishes  to  perform 
the  only  service  that  it  can  perform,  and  it  is,  therefore,  always 
an  influence  against  peace. 

The  splendid  record  made  by  our  National  Guard,  after  a  very 
brief  training  that  it  received  in  the  federal  service,  demonstrated 
that  it  does  not  require  four  years  or  even  two  years  training 
to  make  an  efficient  soldier.  These  men  received  their  initial 
training  in  our  own  state;  they  met  annually  at  Camp  Douglas 
and  received  instructions  for  two  weeks ;  the  balance  of  the  train- 
ing was  given  them  at  their  homes  in  the  company  armories, 
usually  in  the  evening  when  they  were  not  otherwise  employed. 
Much  more  could  have  been  done  for  the  National  Guard  by 
the  government  if  it  saw  fit  to  do  so,  and  the  men  could  have 
been  brought  up  to  a  much  higher  standard  of  efficiency  by 
giving  them  more  time  and  attention. 

If  it  is  the  purpose  of  the  government  to  have  an  available 
army  of  one  million  men  our  quota  would  not  exceed  twenty- 
five  thousand.  With  the  proper  encouragement  from  the  govern- 
ment these  men  could  be  brought  to  a  high  standard  of  efficiency 
without  leaving  the  state,  and  if  that  policy  were  adopted  by 


SESSION  OF  1919  269 

the  government  \ve  would  avoid  the  risk  of  creating  militarism 
in  our  own  country;  nor  would  we  take  a  vast  army  of  one  mil- 
mion  or  more  able-bodied  men  continuously  out  of  production. 

On  a  former  occasion  I  recommended  that  military  training 
be  introduced  in  our  high  schools.  It  could  be  given  without 
interfering  with  the  time  the  young  boy  must  give  to  his  studies, 
and  aside  from  its  value  as  a  foundation  for  his  future  military 
training,  it  is  equivalent  to  a  good  physical  training  and  it  has 
the  further  value  of  teaching  the  young  man  discipline  and  obe- 
dience. My  former  suggestion  was  opposed  by  many  educators 
and  received  no  consideration  at  the  hands  of  the  Legislature. 
I  call  your  attention  to  it  again  and  recommend  that  you  give 
the  subject  your  serious  thought.  No  doubt  Congress  will  con- 
sider the  matter  of  creating  a  national  army  and  whatever  action 
it  takes  must  in  the  end  control  us.  It  is  an  important  matter 
and  an  expression  by  you  to  our  members  of  Congress  would, 
I  am  sure,  be  of  value  to  them,  as  they  would  regard  it  as  a 
word  from  the  people  upon  this  important  subject. 

FOREIGN  LANGUAGES 

The  question  whether  foreign  languages,  and  particularly  Ger- 
man, should  be  taught  in  the  schools  of  the  state  is  being  agi- 
tated and  some  definite  action  should  be  taken  by  your  body  in 
regard  to  it.  The  question  is  not  new — in  fact,  it  furnishes  an 
interesting  bit  of  history  which  I  will  include  in  this  message. 

The  first  school  law,  passed  by  the  territorial  legislature  of 
1839,  provided  that  the  trustees  of  each  district  were  to  prescribe 
the  course  of  study  for  the  district  school.  The  law  of  1831 
declared  that  the  town  school  commissioners  might  give  advice 
and  direction  to  the  trustees  and  teachers  as  to  the  government 
of  the  schools  and  the  studies  to  be  pursued  therein.  As  a  mat- 
ter-of-fact the  selection  of  subjects  was  left  almost  wholly  to  the 
teachers  and  the  district  boards,  the  town  school  commissioners 
rarely  exercising  the  permissive  power  given  them.  Courses  of 
study  were  rarely  planned.  When  once  the  textbooks  were  de- 
cided upon  they  constituted  the  course  of  study. 

It  was  naturally  assumed  that  only  the  English  language  would 
be  taught  in  the  district  schools.  But  naturally  also  much  lati- 
tude was  permitted  in  the  selection  of  subjects.  It  is  probable 


270  MESSAGES  TO  THE  LEGISLATURE 

that  in  the  districts  where  many  of  the  residents  were  immi- 
grants from  foreign  countries  a  desire  was  manifested  to  have 
the  language  most  familiar  to  these  people  taught  in  addition 
to  the  English  language.  At  any  rate  there  seemed  to  have  been 
a  demand  for  authority  to  teach  an  additional  language  in  the 
public  schools,  as  was  evidenced  by  a  law  passed  by  the  legislative 
assembly  in  1848,  as  follows: 

Section  126.  Whenever  the  majority  of  the  inhabitants 
of  a  school  district,  at  any  regular  meeting,  shall  express 
a  preference  to  have  other  languages  taught  in  connection 
with  the  English  language,  it  shall  be  the  privilege  of  the 
district  board  to  employ  a  teacher  qualified  for  that  pur- 
pose, and  such  district  shall  have  its  regular  share  of  pub- 
lic moneys. 

Evidence,  however,  has  also  been  found  indicating  that  immi- 
grants from  foreign  countries  were  not  responsible  for  the  law 
of  1848.  In  the  decade  beginning  with  1840  many  young  col- 
lege men  came  to  the  territory  from  the  eastern  states,  particu- 
larly the  New  England  states  and  New  York.  Some  of  these 
men  spent  the  first  few  years  in  the  territory  teaching  school, 
and  it  is  claimed  that  besides  reading,  writing,  and  arithmetic, 
the  standard  subjects  during  these  years,  these  teachers  included 
Latin  in  the  course  of  study,  and  that  it  was  probably  this  for- 
eign language  that  was  contemplated  by  the  law. 

Be  that  as  it  may,  there  is  also  no  doubt  that  foreigners,  par- 
ticularly Germans,  took  advantage  of  the  act  of  1848  by  intro- 
ducing their  language  as  an  additional  study  in  districts  in  which 
they  constituted  the  majority  of  the  voters. 

The  commissioners  appointed  by  the  legislature  of  1848  to 
codify  the  laws  of  the  territory  introduced  a  section  into  the 
school  code  which  for  the  first  time  named  the  subjects  to  be 
taught  in  the  district  schools.  This  section  was  as  follows: 

Section  41.  In  every  district  school  there  shall  be  taught 
orthography,  reading,  writing,  English  grammar,  geography, 
and  arithmetic,  during  the  time  such  school  shall  be  kept, 
and  such  other  branches  of  education  as  may  be  determined 
upon  by  the  board. 

Section  126  of  the  laws  of  1848  which  authorized  the  teaching 
of  other  languages  besides  English  was  not  included  in  the  re- 
vised statutes  by  Michael  Frank,  the  commissioner,  to  whom  was 


SESSION  OF  1919  271 

delegated  the  task  of  codifying  the  school  laws.  This  was  done 
advisedly,  for  it  was  well  known  that  Michael  Frank,  though  of 
German  descent,  was  opposed  to  the  introduction  of  German  or 
Any  other  foreign  language  into  the  district  schools.  The  sub- 
jects included  in  the  course  of  study,  as  was  taught,  were  the 
ones  deemed  essential  to  a  good  education.  However,  district 
boards  were  very  lenient  in  construing  section  41  of  the  revised 
statutes,  and  foreign  language  instruction  was  continued  in  many 
schools,  and  in  some  schools  some  of  the  required  subjects  were 
taught  in  a  foreign  language. 

But  there  was  developing  an  increasing  demand  that  the  fun- 
damental subjects  should  be  taught  only  in  the  English  language. 
In  1852  the  legislature  amended  section  41  By  inserting  the 
phrase,  "in  the  English  language,"  making  the  amended  section 
read  as  follows: 

Section  4.     In  every  district  school  there  shall  be  taught 
in  the  English  language  orthography,  reading,  writing,  Eng- 
lish grammar,  geography,  and  arithmetic,  during  the  time 
such  school  shall  be  kept,  and  such  branches  of  education 
as  may  be  determined  upon  by  the  district  board. 
Many  district  boards  claimed  that  while  the  law  required  that 
the  subjects  enumerated  should  be  taught  in  the  English  lan- 
guage, the  provision  authorizing  them  to  have  such  other  branches 
taught  as  they  might  determine  gave  them  the  power  to  include 
the   teaching  of  a  foreign  language.     Not   only  was  a  foreign 
language  taught  in  many  districts  in  addition  to  the  other  sub- 
jects  in  the   course  of   study,  but  in  many  instances  teachers 
could  not  be  found  who  were   sufficiently  conversant  with   the 
English  language  to  teach  a  public  school,  and  this  scarcity  of 
English  teachers  was  often  made  the  excuse  for  teaching  all  of 
the  subjects  in  a  foreign  language.     To  meet  this  new  condition 
the  legislature  of   1867   again  amended  the  section  relating  to 
the   course   of   study  by  adding  the  clause,   "provided  that  no 
branch  of  study  shall  be  taught  in  any  other  than  the  English 
language,"  making  the  amended  section  read  as  follows: 

Orthography,  reading,  writing,  English  grammar,  geog- 
raphy, and  arithmetic  shall  be  taught  in  every  district  school, 
and  such  other  branches  as  may  be  determined  upon  by  the 
district  boards:  Provided,  that  no  branch  of  study  shall 
be  taught  in  any  other  than  the  English  language. 


272  MESSAGES  TO  THE  LEGISLATURE 

This  section  clearly  contemplated  a  school  in  which  all  instruc- 
tion was  to  be  given  in  the  English  language.  It  was  held  by 
the  advocates  of  the  amendment  that  the  great  object  of  the  pub- 
lic school  is  to  educate  children  so  as  to  make  them  good  citi- 
zens and  hence  its  instruction,  discipline,  and  government  must 
be  of  such  a  character  as  to  prepare  the  people  to  discharge  their 
duties  as  citizens  of  a  country  where  the  language  of  the  courts, 
the  legislature,  and  the  people  is  the  English  language. 

To  secure  the  requisite  ability  on  the  part  of  the  teachers  to 
carry  out  this  provision  of  the  law,  a  certification  measure  was 
passed  providing  "that  no  person  shall  receive  a  certificate  of 
any  grade  who  does  not  write  and  speak  the  English  language 
with  facility  and  correctness."  It  was  conceded  that  teachers 
who  spoke  other  languages  than  the  English  language  might  be 
employed,  and  that  their  knowledge  of,  say,  German  or  Nor- 
wegian might  be  of  use  in  teaching  the  children  of  these  nation- 
alities, but  that  every  teacher  must  be  able  to  speak,  write,  and 
read  English  before  he  could  be  legally  qualified  to  teach  a  pub- 
lic school. 

The  law,  however,  provoked  the  adherents  of  the  idea  that 
foreign  languages  should  be  included  in  the  course  of  study  of 
district  schools,  and  they  waged  a  successful  campaign  to  vin- 
dicate the  position  they  had  taken.  They  succeeded  in  1869  in 
having  the  legislature  pass  the  following  law: 

CHAPTER  50 — GENERAL  LAWS  OF  1869 

r 

Section  1.  The  district  board  of  any  school  district,  or 
the  board  of  education  of  any  incorporated  village  or  city 
in  this  state,  may  provide  for  the  instruction  of  the  pupils 
of  the  common  schools  in  their  district,  or  such  as  may  de- 
sire it,  in  any  of  the  foreign  languages,  not  to  exceed  one 
hour  each  day;  provided,  the  teacher  of  such  school  is  com- 
petent to  give  such  instruction,  or  a  proper  instructor  for 
such  purpose  can  be  obtained. 

Section  2.     All  acts  or  parts  of  acts,  so  far  as  they  are 

inconsistent  with  this  act,  are  hereby  repealed. 

The  above  law  was  a  concession  to  the  foreign  element  in  our 

population   who   desired  to  have   their  children   read  and   speak 

their  native  tongue.     Under  it  German,  Norwegian,  Bohemian, 


SESSION  OF  1919  273 

Polish,  or  Italian  was  included  in  the  curriculum  in  many  city, 
village,  and  rural  schools.  In  cities  special  teachers  were  gen- 
erally secured  to  teach  the  foreign  language  decided  upon  by  the 
district  board  or  the  board  of  education,  but  in  country  districts 
the  regular  class  teacher  also  taught  the  foreign  language  if  one 
was  offered. 

With  the  establishment  of  high  schools,  particularly  after  1875, 
the  teaching  of  foreign  languages  in  the  grades  was  gradually 
discontinued,  and,  as  a  rule,  with  little  or  no  opposition.  The 
elimination  was  usually  effected  upon  the  recommendation  of 
the  principal  of  the  high  school  or  the  superintendent  for  peda- 
gogical reasons.  One  principal  relates  how  in  1892  he  determined 
to  restrict  the  teaching  of  German.  He  appeared  before  his 
board  and  informed  the  members  that  the  children  were  handi- 
capped in  learning  English  by  the  fact  that  they  also  studied 
German,  beginning  with  the  first  grade.  Although  the  district 
was  composed  almost  wholly  of  naturalized  German  citizens  or 
their  descendants,  the  board  unanimously  passed  a  resolution 
limiting  the  teaching  of  German  to  the  seventh  and  eighth  grades 
of  the  elementary  school  and  the  high  school.  The  resolution  went 
into  effect  without  a  dissenting  voice  from  the  people. 

In  the  high  schools  one  or  two  foreign  languages  continued  to 
be  offered,  and  in  a  few  of  the  largest  high  schools  Greek,  Latin, 
French  and  German  were  included  in  the  curriculum. 

In  1889  an  act  concerning  the  education  and  employment  of 
children  was  passed.  This  act  amended  the  compulsory  educa- 
tion law  of  1879.  Sections  one  and  five  of  this  act  were  as  fol- 
lows: 

Section  1.  Every  parent  or  other  person  having  under 
his  control  a  child  between  the  ages  of  seven  and  fourteen 
years,  shall  annually  cause  such  child  to  attend  some  public 
or  private  day  school  in  the  city,  town  or  district,  in  which 
he  resides,  for  a  period  not  less  than  twelve  weeks  in  each 


Section  5.  No  school  shall  be  regarded  as  a  school,  under 
this  act,  unless  there  shall  be  taught  therein,  as  part  of  the 
elementary  education  of  children,  reading,  writing,  arith- 
metic, and  United  States  history,  in  the  English  language. 

This  act  made  it  mandatory  to  teach  the  subjects  named  there- 
in in  the  English  language  in  all  schools  both  public  and  private 


274  MESSAGES  TO  THE  LEGISLATURE 

for  at  least  twelve  weeks  in  the  school  year.  Since  there  were 
laws  on  the  statute  books  requiring  not  only  the  teaching  of  the 
above  named  subjects  but  several  others  for  a  much  longer 
period  than  twelve  weeks  in  the  public  schools,  the  primary 
purpose  of  the  law  was  construed  as  an  attempt  to  control,  in 
a  measure,  the  course  of  study  of  parochial  and  other  private 
schools. 

The  parochial  school  interests  of  the  state  objected  most 
strenuously  to  the  provision,  and  it  became  the  controlling  and 
determining  issue  in  the  political  campaign  of  1890.  The  re- 
publicans, who  were  held  responsible  for  the  introduction  and 
passage  of  the  act,  lost  the  election,  and  the  democratic  legisla- 
ture of  1891  repealed  the  law. 

In  1907  the  law  authorizing  the  teaching  of  a  foreign  language 
in  the  public  schools  was  again  amended  by  adding  the  italicized 
words : 

The  district  board  of  any  school  district,  or  the  board  of 
education  of  any  incorporated  village  or  city  in  this  state, 
may  provide  for  the  instruction  of  the  pupils  in  the  com- 
mon schools  in  their  district,  or  such  pupils  as  desire  it,  in 
any  of  the  foreign  languages,  not  to  exceed  one  hour  per 
day  or  the  equivalent  thereof.  Such  instruction  shall  be 
given  during  such  period  or  periods  of  the  school  year  as 
the  district  board  of  education  may  determine;  provided 
that  the  usual  instruction  in  the  regular  common  branches 
shall  at  all  times  be  offered  and  given  in  English  to  any 
pupil  or  pupils  desiring  such  instruction.  And  provided 
further  that  every  pupil  shall  devote  at  least  one-Jialf  of  the 
school  day  to  the  study  of  English  branches. 

The  purpose  of  this  amendment  was  not  clear.  While  the  law 
as  amended  evidently  contemplated  that  the  children  who  did 
not  take  the  foreign  language  study  were  to  be  given  an  oppor- 
tunity to  continue  their  English  studies  with  the  regular  teacher 
during  the  period  devoted  to  the  foreign  language  study,  it  also 
apparently  gave  the  school  boards  power  to  devote  a  half  day 
of  each  day  to  such  instruction  until  the  total  amount  of  time 
that  was  authorized  to  be  given  to  foreign  language  study  per 
year  was  consumed.  However,  the  difficulty  of  living  up  to  the 
law  without  seriously  interfering  with  the  proper  administration 


SESSION  OF  1919  275 

of  the  schools  was  appreciated  by  the  legislature  and  after  a  few 
years'  trial  the  amendment  was  repealed. 

However,  foreign  language  study  in  the  grades  continued  to 
lose  ground.  In  the  year  1914-15  foreign  language  study  was 
pursued  in  the  grades  of  only  five  cities — La  Crosse,  Milwaukee, 
Ripon,  River  Falls  and  Sheboygau,  and  in  218  out  of  6780,  one 
and  two  room  district  schools.  In  La  Crosse,  Ripon  and  She- 
boygan,  German  was  taught  in  the  grades,  and  in  River  Falls, 
Latin.  In  Milwaukee,  German,  Italian  and  Polish  were  taught 
in  the  grades.  Of  the  218  schools  under  county  superintendents 
in  which  foreign  languages  were  taught,  183  taught  German, 
22  Scandinavian,  10  Polish,  and  3  some  other  foreign  language. 

During  the  late  war  German  has  been  eliminated  from  prac- 
tically all  the  elementary  schools,  some  of  them  substituting 
French  in  place  of  German.  Nearly  all  of  the  high  schools  have 
dropped  Greek  and  many  of  them  have  dropped  German,  sub- 
stituting French  or  Spanish  for  these  languages. 

It  is  my  opinion  that  we  should  consider  this  subject  purely 
from  an  educational  point  of  view.  I  maintain  that  there  is  not 
sufficient  time  to  teach  pupils  in  the  graded  or  common  schools 
of  the  state  foreign  languages. 

In  the  interest  of  our  children  I  believe  that  foreign  languages 
should  not  be  taught  in  the  public,  common  or  graded  schools 
of  the  state.  We  should  adjust  the  course  of  study  in  those  schools 
to  fit  the  greatest  needs  of  those  children  who  are  obliged  to 
leave  at  an  early  age  to  become  breadwinners.  We  should  give  to 
them  what  they  need  most  to  meet  the  responsibilities  of  man- 
hood and  womanhood.  If  we  crowd  foreign  language  teaching 
into  their  short  school  career  they  will  get  but  •  little  out  of  it 
and  the  time  devoted  to  it  must  be  taken  from  studies  that  I  deem 
more  essential  to  them. 

In  our  high  schools  and  colleges  we  should,  however,  continue 
to  teach  foreign  languages.  We  should  do  this  for  cultural  and 
commercial  reasons.  We  cannot  afford  to  become  a  one  language 
country.  If  we  do  we  cannot  claim  to  be  a  cultured  people,  nor 
shall  we  be  equipped  to  carry  on  commerce  with  i.he  balance  of 
the  world. 

In  our  private  and  parochial  schools  a  sufficient  course  of  Eng- 
lish should  be  carried.  This  should  include  reading,  writing, 
American  history,  and  civics.  This  is  clearly  in  the  interest 


276  MESSAGES  TO  THE  LEGISLATURE 

of  the  children,  but  nothing  should  be  done  that  will  in  any  way 
interfere  with  religious  instructions  or  religious  services.  I  take 
the  position  that  he  who  prays  to  his  Deity  shall  have  the  right  to 
do  so  in  the  language  of  his  own  choice.  And  again,  it  must  be 
understood  that  the  right  to  carry  on  religious  services  in  a  foreign 
language  shall  not  be  used  as  a  propaganda  against  our  country 
and  its  institutions. 

I  maintain  that  a  language  is  the  property  of  the  people  and 
not  of  the  government.  All  that  is  good  in  its  literatiire  will 
live,  and  even  though  we  may  wish  to  bury  it  today,  future  gen- 
erations will  resurrect  it  though  the  government  uinVr  which 
it  flourished  be  destroyed. 

AMERICANIZATION 

Owing  to  the  fact  that  we  have  been  engaged  in  war  wiih  a 
foreign  power  many  people  entertained  grave  apprehensions 
about  the  attitude  of  some  of  our  own  citizens  and  residents 
toward  our  own  country.  This  has  given  rise  to  a  demand  lor 
greater  attention  to  Americanization  of  foreign  born  men  and 
women  who  have  come  to  our  state. 

It  is  quite  generally  maintained  that  the  first  step  towards 
Americanization  is  to  teach  the  foreigner  the  English  language. 
It  is  a  debatable  question  whether  the  mere  understanding  of  the 
language  is  a  guaranty  of  good  citizenship.  I  am,  however,  in 
full  accord  with  the  thought  that  we  should  make  a  strong  but 
not  an  oppressive  effort  in  that  direction. 

Our  state  offers  many  facilities  now  for  those  who  are  willing 
to  receive  English  instruction.  We  are  spending  large  sums  of 
money  on  night  schools  and  continuation  schools  that  are  open 
to  all  who  wish  to  attend.  The  University  Extension  stands  ready 
to  bring  education  in  English,  and  in  fact  any  other  course,  to 
every  home. 

I  recommend  that  you  create  such  other  facilities  as  are  rea- 
sonable in  their  cost,  and  which  you  may  deem  necessary  and 
advisable.  I  will  ask  you,  however,  in  framing  your  law  to  take 
into  account  the  facilities  that  are  now  in  existence  and  that  are 
being  carried  on  at  a  large  cost  to  the  people  of  the  state. 

Americanization  has  been  carried  on  in  this  country  since  the 
foundation  of  the  government  and  must  continue  as  long  as  our 


SESSION  OF  1919  277 

ports  are  open  to  immigrants  from  other  countries.  It  would  be 
well  were  a  uniform  policy  established  by  the  general  government 
that  would  create  a  uniform  system  throughout  the  country  which 
would  become  generally  known  to  the  people  of  other  countries 
who  desire  to  immigrate  to  this  country.  I  think  all  educators 
will  admit  that  it  is  an  easy  task  to  teach  our  language  to  the 
children  of  immigrants  that  come  to  us.  It  is,  however,  quite 
different  with  men  and  women  who  have  passed  the  age  of  thirty, 
and  particularly  those  whose  education  is  deficient.  I  think  it 
would  be  only  fair  to  that  class  of  people  that  they  know  before 
they  come  here  what  is  expected  of  them  in  this  respect  rather 
than  to  impose  a  hardship  on  them  after  they  are  here. 

MARKETING 

A  strong  demand  has  grown  up  among  our  farmers  for  better 
market  conditions.  The  last  Legislature  appointed  a  committee 
to  study  this  question,  and  I  hope  that  the  report  which  will  be 
made  will  offer  a  reasonable  solution. 

Agriculture  is  the  greatest  resource  of  our  state  and  I  feel  that 
anything  that  can  be  done  for  our  farmers  that  will  provide  better 
market  facilities  and  give  better  returns  should  be  done.  Whatever 
is  attempted  along  this  line  should  be  a  well  thought  out  effort 
that  gives  the  assurance  of  being  successful.  It  will  do  no  good 
to  merely  create  a  commission  without  some  definite  plan  of  how 
th'e  market  facilities  are  going  to  be  improved. 

STATE  LIFE  INSUEANCE 

I  wish  to  call  your  attention  to  the  conditions  of  the  state  life 
insurance  fund,  and  in  that  connection  I   submit  the   following 
report  which  I  have  received  from  the  Commissioner  of  Insurance : 
"In  1911  section  1989m  was  enacted.     This  statute  pro- 
vided for  a  "State  Life  Fund"  to  be  managed  by  the  state 
without  obligation  on  the  part  of  the  state  except  to  the  ex- 
tent of  the  fund.    Policies  were  issued  in  1913 — at  the  end  of 
that  year  239  policies  had  been  issued  granting  $147,500.00 
of  insurance. 

"In   1914,   S3   policies   for  $82,800.00   of   insurance   were 
issued  and  3  policies  for  $3,000.00  insurance  lapsed.    In  1915, 


278  MESSAGES  TO  THE  LEGISLATUEE 

71  policies  for  $70,500.00  insurance  were  issued,  2  policy- 
holders  with  $2,000.00  insurance  died,  1  surrendered  and  5 
lapsed.  In  1916,  84  policies  for  $80,200.00  were  issued,  1 
policy-holder  died,  3  surrendered  and  14  lapsed.  In  1917, 
21  policies  for  $21,000.00  were  issued,  1  surrendered  and  1 
lapsed.  In  1918,  11  policies  were  issued,  5  people  with  $5,- 
000.00  of  insurance  died,  3  people  with  $3,000.00  insurance 
surrendered  and  9  people  with  $4,000.00  insurance  lapsed. 

"There  are  in  force  461  policies  for  $379,700.00  of  insur- 
ance. 

"The  Insurance  Department  has  kept  up  a  continuous  cam- 
paign for  business  through  circularizing  available  lists — state 
banks  and  local  officials  do  not  send  in  business." 

It  will  be  observed  that  the  fund  is  now  carrying  a  total  of 
$379,700.00  of  insurance.  The  total  assets  of  the  fund  on  January 
1,  1919,  were  $55,676.08.  The  death  losses  for  the  year  1919 
exceeded  the  expected  by  about  40  per  cent.  With  so  small  an 
amount  of  insurance  in  force  sharp  fluctuations  in  mortality  ex- 
perience are  likely  to  occur.  A  few  years  of  unfavorable  experience 
would  deplete  the  surplus  and  impair  the  reserve.  The  state  is 
liable  only  to  the  extent  of  the  fund  and  if  the  reserve  is  impaired 
the  policies  are  not  worth  one  hundred  cents  on  the  dollar. 

The  state  should  not  continue  a  system  of  life  insurance  that 
does  not  guarantee  the  full  value  of  the  policy — in  fact  if  this 
type  of  insurance  is  permitted  to  continue  I  would  regard  it  as 
a  moral  obligation  on  the  state  to  make  good  any  loss  that  the 
policyholder  might  sustain  for  the  reason  that  the  policy  was  sold 
by  the  state  and  that  in  itself  should  be  a  guaranty  against  any 
loss  by  the  policyholder  and  I  am  certain  that  it  was  accepted 
in  that  spirit. 

This  fund  is  based  upon  the  theory  that  desirable  life  insur- 
ance risks  voluntarily  seek  insurances.  That  theory  is  unsound 
— they  do  not  do  so.  If  this  enterprise  is  to  prosper  and  grow, 
as  it  must  to  have  a  normal  experience,  it  must  have  an  organi- 
zation for  soliciting  business.  If  the  expense  of  such  an  organi- 
zation is  incurred  the  fund  can  offer  no  inducement  not  offered 
by  privately  managed  life  insurance  companies  and  fraternal 
societies. 

The   present   policyholders   can   be   fully   protected   and   their 


SESSION  OF  1919  279 

policies  guaranteed  by  reinsurance  in  a  responsible  company.    Their 
present  assets  are  sufficient  for  this  purpose. 

I  recommend  that  you  repeal  the  statute  under  which  this  form 
of  life  insurance  is  being  carried  and  direct  the  Insurance  Com- 
missioner to  reinsure  the  present  policyholders  in  a  reliable  com- 
pany. 

"BLUE  SKY  LAW" 

The  Legislature  of  1913  passed  what  is  commonly  known  as 
the  "Blue  Sky  Law.'-'  Its  purpose  was  to  protect  the  people  of 
the  state  against  false  representations  in  respect  to  the  value  of 
stocks  and  bonds  that  are  offered  for  sale  to  our  people. 

In  the  administration  of  this  law  it  is  found  that  it  is  always 
difficult,  and  sometimes  impossible,  to  determine  the  value  of  the 
property  that  that  type  of  obligation  frequently  represents,  partic- 
ularly when  the  corporations  that  issue  the  securities  are  domiciled 
in  other  states  and  the  property  is  also  located  elsewhere.  When- 
ever permits  are  given  by  the  Railroad  Commission  to  sell  the 
securities  in  the  state  the  public  accepts  that  fact  as  an  endorse- 
ment by  the  state  which  is  interpreted  to  mean,  and  is  frequently 
represented  to  mean,  that  the  corporation  has  been  investigated 
by  the  state  and  that  the  stock  certificates  or  whatever  form  of 
security  may  be  offered  truly  represents  property  values  in  the  sum 
incorporated  in  the  certificates. 

Briefly  stated,  the  right  to  sell  a  security  to  our  people,  the  value 
of  which  could  not  be  determined,  is  frequently  used  as  an  endorse- 
ment by  the  state  of  a  security  that  is  either  valueless  or  a  fraud. 

I  will  give  my  approval  to  any  statute  that  will  protect  our 
citizens  against  fraud  in  any  form  and  we  should  give  the  people 
any  legislation  that  we  can  devise  that  will  accomplish  this.  We 
should,  however,  not  aid  fraud  by  ill-advised  legislation.  I  know 
of  no  agency  in  this  country  that  can  give  dependable  information 
concerning  all  the  corporations  of  the  country,  and  it  is  my  judg- 
ment that  we  had  better  confine  our  efforts  in  this  direction  to 
corporations  domiciled  in  our  own  state  and  make  the  investigation 
more  thorough  than  it  has  been  in  the  past,  and  hereafter  discon- 
tinue the  practice  of  giving  certificates  authorizing  the  sale  of  stocks 
or  other  securities  of  corporations  domiciled  in  other  states. 


280      ' /  MESSAGES  TO  THE  LEGISLATURE 

PRIMARY  ELECTION 

For  two  sessions  I  have  advocated  a  revision  of  the  Primary  Law. 
I  think  it  is  fair  to  say  that  it  is  generally  conceded  that  in  its 
present  form  the  law  is  a  failure.  No  party  organization  can  be 
maintained  under  it — in  fact  it  has  again  been  demonstrated  within 
this  state  in  the  past  year  that  the  adherents  of  one  party  may 
make  an  effort  to  nominate  the  candidate  for  another  party  in 
the  hope  of  giving  their  own  ticket  a  better  opportunity  for  suc- 
cess. 

Such  methods  are  breeders  of  political  dishonesty  and  demoralize 
the  politics  of  the  state  and  should  not  have  the  sanction  of  law. 
For  rny  own  part  I  regard  the  party  convention  the  proper  agency 
to  fix  its  party  principles  and  nominate  its  candidate,  and  the 
only  valid  objection  that  was  urged  against  that  system  was  the 
political  caucus  which  nominated  the  delegates.  In  order  to  obviate 
that  feature  of  the  convention  system  which  brought  it  into  dis- 
repute I  suggest  that  you  so  frame  your  statute  that  the  delegates 
will  be  elected  by  the  people  at  the  regular  spring  election  in  the 
same  manner  as  they  cast  their  ballot  for  their  township  and 
municipal  officers.  The  jurisdiction  of  the  convention,  should, 
however,  be  limited  to  state  officers,  United  States  Senators  and 
members  of  Congress. 

STATE  FINANCES 

On  January  1,  1919,  there  was  a  balance  of  $1,23(5,363.27  in 
the  state  treasury  available  for  the  payment  of  the  general  ex- 
penses of  the  state  government.  The  state  has  a  claim  against 
the  United  States  government  for  money  expended  for  military 
equipment  and  other  military  expenditures  which  should  be  re- 
funded of  approximately  $1,000,000. 

I  call  your  attention  to  the  fact  that  the  state  has  been  carried 
through  another  biennium  without  any  tax  levy  for  general  pur- 
poses. The  Legislatures  of  1915  and  1917  made  merely  a  nominal 
levy  in  order  to  comply  with  the  law. 

1919-1920  1920-1921 

The  budget  requests  made  by  different 

departments  of  state  amount  to $20,889.296        $21,629,960 

Estimated  receipts 19,035,315          20,019,810 

Excess  requests  over  receipts $1,853,981          $1,610,150 


SESSION  OF  1919  281 

The  budget  requests  have  been  carefully  considered  by  the  Cen- 
tral Board  of  Education  and  by  the  State  Board  of  Public  Affairs. 
The  demands  of  every  department  of  government  have  been  in- 
quired into  and  it  was  found  that  the  requests  could  be  cut  down 
and  kept  within  the  income  of  the  state  and  in  no  wise  interfere 
with  the  efficiency  of  the  state  government  or  the  educational  in- 
stitutions— in  fact,  the  recommendations  of  the  State  Board  of 
Public  Affairs  will  leave  a  balance  of  approximately  $500,000  over 
and  above  what  it  deems  to  be  the  necessary  expenditures,  and 
I  request  that  you  keep  the  appropriations  within  the  limits  of 
the  state's  income  and  that  you  will  again  make  a  nominal  tax 
levy  by  legislative  act  not  to  exceed  $1,000. 

It  is  probably  needless  for  me  to  call  your  attention  to  the  fact 
that  owing  to  the  enormous  expenditures  by  the  national  govern- 
ment for  the  war  the  people  are  already  heavily  taxed.  The  indica- 
tions are  that  under  the  new  federal  income  tax  business  is  going 
to  be  taxed  at  an  enormous  rate  and  it  must  be  borne  in  mind  that 
in  our  own  state  business  also  pays  an  income  tax.  That  business 
will  have  a  struggle  to  re-adjust  itself  to  the  peace  basis  may  rea- 
sonably be  expected  and  in  view  of  these  facts  the  state  should  not 
come  also  with  a  large  tax  bill. 

The  state  institutions  have  no  large  building  program  to  submit. 
The  university  and  the  normal  schools  have  suffered  a  large  falling 
off  in  attendance  owing  to  the  war  and  their  facilities  are  adequate 
for  the  next  two  years. 

The  appropriations  for  highway  construction  are  sufficient — 
in  fact,  it  is  going  to  be  a  problem  to  use  to  good  advantage  the 
money  that  is  already  appropriated.  In  that  connection  I  wish 
to  state  that  it  will  again  be  largely  a  question  of  available  labor, 
and  I  shall  recommend  to  the  Highway  Commission  that  we  do 
not  take  the  labor  that  is  necessary  on  the  farms  for  the  purpose 
of  highway  building  or  create  unreasonable  competition  for  the 
farmer  in  the  matter  of  securing  labor. 

It  is  being  urged  by  some  people  that  farmers  have  been  pros- 
perous and  for  that  reason  large  appropriations  should  be  made 
for  public  improvements  because  of  the  high  prices  that  they  have 
received  for  their  produce  and  that  they  are  therefore  able  to  pay 
large  taxes.  I  cannot  dismiss  the  thought  that  the  vast  sums  col- 
lected by  the  government  in  the  form  of  income  tax  will  be  reflected 
in  the  farmers'  income  and  the  expenses  of  the  working  man. 


282  MESSAGES  TO  THE  LEGISLATURE 

So  far  as  my  influence  goes  in  the  matter  of  expenditures,  I 
shall  continue  to  insist  upon  all  reasonable  economy  and  shall 
endeavor  to  keep  state  expenditures  within  our  income,  which  I 
regard  as  a  liberal  sum  with  which  to  carry  on  our  state  govern- 
ment. 

At  a  special  session  of  the  Legislature  there  was  introduced 
a  new  drainage  bill.  It  was  discussed  and  finally  referred  to  this 
session  for  further  consideration.  I  made  an  analysis  of  it  in  my 
message,  which  you  will  find  among  the  public  documents,  and  I 
will  therefore  not  attempt  to  discuss  it  any  further  than  to  say 
that  I  regard  it  an  important  piece  of  legislation  for  the  state  and 
that  it  should  be  enacted  without  delay. 

The  annual  reports  of  the  different  departments  of  state  which 
go  into  every  phase  of  the  state's  activities  will  be  placed  before 
you,  and  I  invite  your  attention  to  them.  I  desire  to  call  your 
especial  attention  to  the  recommendations  of  the  Tax  Commission 
and  the  Conservation  Commission. 

I  shall  at  a  future  time  address  you  upon  the  subject  of  the 
development  of  our  cut  over  lands  and  other  matters  which  I 
cannot  well  submit  at  this  time. 

In  conclusion  I  wish  to  recommend  to  you  that  you  devise  some 
practical  system  of  procedure  that  will  shorten  your  session.  There 
is  a  general  public  demand  that  you  do  this.  Furthermore,  I 
would  regard  it  as  a  genuine  accommodation  to  the  members  if 
they  be  permitted  to  close  their  business  within  a  reasonable  time. 


To  the  Honorable,  the  Legislature: 

I  have  the  honor  to  submit  the  following  report  of  conditional 
pardons,  pardons  and  commutations  of  sentence  granted  during 
the  term  beginning  the  first  Monday  in  January,  1917,  and  ending 
on  the  first  Monday  in  January,  1919,  together  with  the  reasons 
which  controlled  executive  action,  as  required  by  section  6,  article 
V,  of  the  constitution  of  the  state  of  Wisconsin. 


Avery  E.  Clow — Convicted  before  the  circuit  court  for  Lincoln 
county,  on  the  twentieth  day  of  November,  1913,  of  the  crime  of 
burglary  and  sentenced  to  the  state  prison  at  Waupun  for  the  term 


SESSION  OF  1919  283 

of  two  and  one-half  years.  Pardon  granted  restoring  rights  of 
citizenship  February  6,  1917. 

Louis  M.tCleary — Convicted  before  the  circuit  court  for  Jack- 
son special  for  Juneau  county,  on  the  eighteenth  day  of  Octo- 
ber, 1913,  of  the  crime  of  abandonment  and  sentenced  to  the 
state  prison  at  Waupun  for  the  term  of  one  year.  Pardon  granted 
restoring  rights  of  citizenship  February  15,  1917. 

Thomas  J.  Ryan — Convicted  before  the  municipal  court  for 
Kenosha  county  on  the  sixth  day  of  October,  1913,  of  the  crime 
of  non-support  and  sentenced  to  the  state  prison  at  Waupun  for 
the  term  of  two  years.  Pardon  granted  restoring  rights  of  citizen- 
ship March  13,  1917. 

George  Sutherland — Convicted  before  the  circuit  court  for 
Marinette  county,  on  the  twenty-third  day  of  April,  1914,  of  the 
crime  of  larceny  and  sentenced  to  the  state  prison  at  Waupun  for 
the  term  of  one  year.  Pardon  granted  restoring  rights  of  citizen- 
ship March  13,  1917. 

Herbert  M.  Halverson — Convicted  before  the  municipal  court 
for  Milwaukee  county,  on  the  eighth  day  of  May,  1911,  of  the  crime 
of  burglary  and  sentenced  to  the  state  reformatory  at  Green  Bay 
for  the  term  of  one  year.  Pardon  granted  restoring  rights  to 
citizenship  March  16,  1917. 

Harry  Timme — Convicted  before  the  municipal  court  for  Ke- 
nosha county,  on  the  twenty-fourth  day  of  June,  1914,  of  the  crime 
of  being  an  habitual  criminal  and  sentenced  to  the  state  prison  at 
Waupun  for  the  term  of  one  year.  Pardon  granted  restoring  rights 
of  citizenship  March  27,  1917. 

Barney  Keating — Convicted  before  the  municipal  court  for  Ke- 
nosha county,  on  the  eighth  day  of  August,  1914,  of  the  crime  of 
being  an  habitual  criminal  and  sentenced  to  the  state  prison  at 
Waupun  for  the  term  of  one  year.  Pardon  granted  restoring  rights 
of  citizenship  March  27,  1917. 

Joseph  E.  Schmidt — Convicted  before  the  municipal  court  for 
Kenosha  county,  on  the  fifth  day  of  February,  1915,  of  the  crime 
of  operating  automobile  without  owner's  consent  and  sentenced 
to  the  state  prison  at  Waupun  for  the  term  of  one  year.  Pardon 
granted  restoring  rights  of  citizenship  March  27,  1917. 

Henry  Silvernail — Convicted  before  the  circuit  court  for  Dodge 
county,  on  the  sixteenth  day  of  April,  1886,  of  the  crime  of  high- 
way robbery  and  sentenced  to  the  state  prison  at  Waupun  for  the 


284  MESSAGES  TO  THE  LEGISLATURE 

term  of  four  years.  Pardon  granted  restoring  rights- of  citizenship 
March  28,  1917. 

Ernest  Kosag — Convicted  before  the  municipal  court  for  Dane 
county,  on  the  third  day  of  September,  1913,  of  the  crime  of  wife 
abandonment  and  sentenced  to  the  state  reformatory  at  Green  Bay 
for  the  term  of  two  years.  Pardon  granted  restoring  rights  of 
citizenship  April  3,  1917. 

Aubrey  J.  Buhlman — Convicted  before  the  municipal  court  for 
Milwaukee  county,  on  the  twenty-ninth  day  of  January,  1907,  of 
the  crime  of  forgery  and  sentenced  to  the  state  reformatory  at 
Green  Bay  for  the  term  of  one  and  one-half  to  two  years.  Pardon 
granted  restoring  rights  of  citizenship  April  13,  1917. 

Alexander  Garsky — Convicted  before  the  circuit  court  for  Wood 
county,  on  the  thirteenth  day  of  January,  1903,  of  the  crime  of 
larcemr  and  sentenced  to  the  state  prison  at  Waupun  for  the  term 
of  three  years  and  nine  months.  Pardon  granted  restoring  rights 
to  citizenship  July  31,  1917. 

Wilfred  Bowen — Convicted  before  the  county  court  for  Pierce 
county,  on  the  twenty-second  day  of  April,  1913,  of  the  crime  .of 
seduction  and  sentenced  to  the  state  reformatory  at  Green  Bay  for 
the  term  of  one  year.  Pardon  granted  restoring  rights  of  citizen- 
ship August  14,  1917. 

Adelbert  Latamore — Convicted  before  the  circuit  court  for  Kic'h- 
land  county,  on  the  seventeenth  day  of  August,  1914,  of  the  crime 
of  fornication  and  sentenced  to  the  state  prison  at  Waupun  for  the 
term  of  two  years.  Pardon  granted  restoring  rights  of  citizenship 
May  31,  1917. 

Lyle  Eugene  Moore— Convicted  before  the  circuit  court  for 
Waupaca  county,  on  the  first  day  of  June,  1914,  of  the  crime 
of  burglary  and  sentenced  to  the  state  prison  at  Waupun  for 
the  term  of  three  years.  Pardon  granted  restoring  rights  of  citi- 
zenship June  11,  1917. 

Gus  Miller— Convicted  before  the  municipal  court  for  Milwau- 
kee county  on  the  twentieth  day  of  May,  1914,  of  the  crime  of 
leasing  premises  for  unlawful  purposes  and  sentenced  to  the  Mil- 
waukee county  house  of  correction  for  the  term  of  ninety  days 
in  default  of  payment  of  fine  of  two  hundred  dollars  and  costs. 
Pardon  granted  restoring  rights  of  citizenship  July  11,  1917. 

George  Gurgeit — Convicted  before  the  municipal  court  for  Mil- 
waukee county,  on  the  sixth  day  of  March,  1913,  of  the  crime 


SESSION  OF  1919  285 

of  keeping  house  of  ill-fame  and  sentenced  to  pay  a  fine  of  two 
hundred  dollars,  or  in  default  to  serve  a  term  of  six  months 
in  the  Milwaukee  county  house  of  correction.  The  fine  was  paid. 
Pardon  granted  restoring  rights  of  citizenship  July  12,  1917. 

•Austin  Fossnight — Convicted  before  the  circuit  court  for  La- 
fayette county,  on  the  twenty-eighth  day  of  August,  1915,  of  the 
crime  of  larceny  and  sentenced  to  the  state  prison  at  Waupun 
for  the  term  of  one  year.  Pardon  granted  restoring  rights  of 
citizenship  July  23,  1917. 

Mathias  Trokan  also  written  Drdkan — Convicted  before  the 
municipal  court  for  Milwaukee  County,  on  the  thirty-first  day 
of  August,  1908,  of  the  crime  of  attempted  rape  and  sentenced 
to  the  state  reformatory  at  Green  Bay  for  the  term  of  five  years. 
Pardon  granted  restoring  rights  of  citizenship  July  23,  1917. 

Rasmus  Johnson — Convicted  before  the  circuit  court  for  Ver- 
non  county  on  the  seventh  day  of  March,  1894,  of  the  crime 
of  burglary  and  sentenced  to  the  state  prison  at  Waupun  for 
the  term  of  one  year  and  two  months.  Pardon  granted  restor- 
ing rights  of  citizenship  September  24,  1917. 

A.  W.  Huebing — Convicted  before  the  circuit  court  for  Sauk 
county,  on  the  twenty- seventh  day  of  February,  1914,  of  the 
crime  of  embezzlement  and  sentenced  to  the  state  prison  at  Wau- 
pun for  the  term  of  four  years.  Commutation  of  sentence  to 
a  term  of  three  years  was  granted  Huebing  on  August  12,  1915. 
Pardon  granted  restoring  rights  of  citizenship  September  25,  1917. 

Emanuel  C.  Stevens—  Convicted  before  the  municipal  court  for 
Racine  county,  on  the  fourteenth  day  of  December,  1910,  of  the 
crime  of  adultery  and  sentenced  to  the  state  reformatory  at  Green 
Bay  for  the  term  of  one  year.  Pardon  granted  restoring  rights 
of  citizenship  November  5,  1917. 

Oscar  Johnson — Convicted  before  the  circuit  court  for  Mari- 
nette  county,  on  the  tenth  day  of.  October,  1912,  of  the  crime 
of  bribery  and  sentenced  to  pay  a  fine  of  five  hundred  dollars 
and  in  default  of  the  payment  to  imprisonment  in  the  state  prison 
at  Waupun  for  the  term  of  two  years.  The  fine  was  paid.  Par- 
don granted  restoring  rights  of  citizenship  January  4,  1918. 

Herman  Krause — Convicted  before  the  circuit  court  for  Mara- 
thon county,  on  the  third  day  of  June,  1911,  of  the  crime  of 
larceny  and  sentenced  to  the  state  prison  at  Waupun  for  the  term 


286  MESSAGES  TO  THE  LEGISLATURE 

of  nine  months.  Pardon  granted  restoring  rights  of  citizenship 
January  5,  1918. 

George  Eckerle — Convicted  before  the  municipal  court  for  Mara- 
thon county,  on  the  ninth  day  of  October,  1913,  of  the  crime 
of  arson  and  sentenced  to  the  state  prison  at  Waupun  for  the 
term  of  four  years.  Pardon  granted  restoring  rights  of  citizen- 
ship February  2,  1918. 

Note.  Granted  commutation  of  sentence  to  two  years  on  De- 
cember 18,  1914. 

Frank  Weber — Convicted  before  the  municipal  court  for  Mil- 
waukee county,  on  the  twelfth  day  of  November,  1913,  of  the 
crime  of  burglary  and  sentenced  to  the  state  prison  at  Waupun 
for  the  term  of  two  years.  Pardon  granted  restoring  rights  of 
citizenship  February  20,  1918. 

Hugo  Kelling — Convicted  before  the  municipal  court  for  Mil- 
waukee county,  on  the  sixteenth  day  of  September,  1913,  of  the 
crime  of  attempted  robbery  and  sentenced  to  the  Milwaukee  county 
house  of  correction  for  the  term  of  three  years.  Pardon  granted 
restoring  rights  of  citizenship  February  21,  1918. 

Joseph  ITee/m— Convicted  before  the  municipal  court  for  Mil- 
waukee county,  on  the  twenty-second  day  of  March,  1915,  of  the 
crime  of  perjury  and  sentenced  to  the  Milwaukee  county  house 
of  correction  for  the  term  of  two  years.  Pardon  granted  restor- 
ing rights  of  citizenship  February  22,  1918. 

Herman  EcJchardt — Convicted  before  the  municipal  court  for 
Milwaukee  county,  on  the  fifteenth  day  of  June,  1915,  of  the 
crime  of  forgery  and  sentenced  to  the  state  prison  at  Waupun 
for  the  term  of  one  year.  Pardon  granted  restoring  rights  of 
citizenship  March  7,  1918. 

August  Kumm — Convicted  before  'the  circuit  court  for  Co- 
lumbia county,  on  the  tenth  day  of  April,  1916,  of  the  crime 
of  sodomy  and  sentenced  to  the  state  prison  at  Waupun  for  the 
term  of  one  year.  Pardon  granted  restoring  rights  of  citizen- 
ship March  12,  1918. 

Charles  E.  A  nderson— Convicted  before  the  municipal  court 
for  Douglas  county,  on  the  twenty-third  day  of  December,  1915, 
of  the  crime  of  grand  larceny  and  sentenced  to  the  state  prison 
at  Waupun  for  the  term  of  one  year.  Pardon  granted  restoring 
rights  of  citizenship  March  20,  1918. 

Ernst  ButzTce — Convicted  before  the  municipal  court  for  Mil- 


SESSION  OF  1919  287 

waukee  county,  on  the  twenty-eighth  day  of  May,  1915,  of  the 
crime  of  embezzlement  and  sentenced  to  the  state  prison  at  Wau- 
pun  for  the  term  of  two  years.  Commutation  of  sentence  to  a 
term  of  eighteen  months  was  granted  April  7,  1916.  Pardon 
granted  restoring  rights  of  citizenship  March  19,  1918. 

Henry  Pearsall—  Convicted  before  the  circuit  court  for  Husk 
county,  on  the  twenty-third  day  of  October,  1911,  of  the  crime 
of  incest  and  sentenced  to  the  state  prison  at  Waupun  for  the 
term  of  eight  years.  Pardon  granted  restoring  rights  of  citizen- 
ship March  28,  1918. 

Ferdinand  Schultz— Convicted  before  the  circuit  court  for  Wood 
county,  on  the  twelfth  day  of  May,  1908,  of  the  crime  of  rape 
and  sentenced  to  the  state  prison  at  Waupun  for  the  term  of 
twenty  years.  Commutation  of  sentence  to  a  term  of  nine  years 
granted  on  December  24,  1913.  Pardon  granted  restoring  rights 
of  citizenship  March  28,  1918. 

Wate  T.  Adamson—  Convicted  before  the  municipal  court  for 
Milwaukee  county,  on  the  eighth  day  of  May,  1915,  of  the  crime 
of  embezzlement  and  sentenced  to  the  state  prison  at  Waupun 
for  the  term  of  one  and  one-half  years.  Pardon  granted  restor- 
ing rights  of  citizenship  May  28,  1918. 

George  Meesmann — Convicted  before  the  municipal  court  for 
Manitowoc  county,  on  the  twenty-eighth  day  of  October,  1913, 
of  the  crime  of  embezzlement  and  sentenced  to  the  state  prison 
at  Waupun  for  the  term  of  two  years.  Pardon  granted  restor- 
ing rights  of  citizenship  July  1,  1918. 

Charles  Lemare — Convicted  before  the  municipal  court  for 
Brown  county,  on  the  third  day  of  June,  1916,  of  the  crime  of 
assault  with  intent  to  do  great  bodily  harm  and  sentenced  to 
the  state  prison  at  Waupun  for  the  term  of  one  year.  Pardon 
granted  restoring  rights  of  citizenship  July  6,  1918. 

Frank  ChinnocJc — Convicted  before  the  circuit  court  for  Pierce 
county,  on  the  thirteenth  day  of  December,  1916,  of  the  crime 
of  larceny  and  sentenced  to  the  state  prison  at  Waupun  for  the 
term  of  nine  months.  Commutation  of  sentence  to  six  months 
granted  April  18,  1917.  Pardon  granted  restoring  rights  of  citi- 
zenship July  18,  1918. 

Luther  B.  Van  De  Wall—  Convicted  before  the  municipal  court 
for  Milwaukee  county,  on  the  twenty-third  day  of  October,  1914, 
of  the  crime  of  forgery  and  sentenced  to  the  state  prison  at 


288  MESSAGES  TO  THE  LEOISLATURE 

Waupun  for  the  term  of  three  years.  Commutation  of  sentence 
to  two  years  granted  December  10,  1915.  Pardon  granted  re- 
storing rights  of  citizenship  July  18,  1918. 

Frank  Hoffmann — Convicted  before  the  county  court  for  Wau- 
shara  county,  on  the  twentieth  day  of  September,  1881,  of  the 
crime  of  burglary  and  sentenced  to  the  state  prison  at  Waupun 
for  the  term  of  one  year.  Pardon  granted  restoring  rights  of 
citizenship  August  5,  1918. 

Also  convicted  before  the  circuit  court  for  Fond  du  Lac  coun- 
ty, on  the  seventh  day  of  July,  1883,  of  the  crime  of  larceny 
and  sentenced  to  the  state  prison  at  Waupun  for  the  term  of 
three  years.  Pardon  granted  restoring  rights  of  citizenship  Aug- 
ust 5,  1918. 

Anton  Gilbo— Convicted  before  the  circuit  court  for  Marinette 
county,  on  the  eighth  day  of  March,  1913,  of  the  crime  of  adul- 
tery and  sentenced  to  the  state  prison  at  Waupun  for  the  term 
of  two  years.  Pardon  granted  restoring  rights  of  citizenship 
August  10,  1918. 

August  Trudeau — Convicted  before  the  circuit  court  for  Oneida 
county,  on  the  tenth  day  of  March,  1913,  of  the  crime  of  adultery 
and  sentenced  to  the  state  prison  at  Waupun  for  the  term  of  three 
years.  Pardon  granted  restoring  rights  of  citizenship  August  12, 
1918. 

Anthony  J.  Houtte — Convicted  before  the  circuit  court  for  Ash- 
land county,  on  the  fourteenth  day  of  December,  1916,  of  the 
crime  of  concealing  stolen  goods  and  sentenced  to  the  state  prison 
at  Waupun  for  the  term  of  nine  months.  Pardon  granted  restor- 
ing rights  of  citizenship  August  13,  1918. 

Hugo  F.  Bartlett— Convicted  before  the  municipal  court  for 
Milwaukee  county,  on  the  fourth  day  of  January,  1913,  of  the 
crime  of  assault  with  intent  to  kill  or  do  great  bodily  harm  and 
sentenced  to  the  state  prison  at  Waupun  for  the  term  of  two 
years.  Pardon  granted  restoring  rights  of  citizenship  August 
29,  1918. 

James  Hoffman— Convicted,  before  the  municipal  court  for  Eock 
county,  on  the  fourth  day  of  February,  1915,  of  the  crime  of 
forgery  and  sentenced  to  the  state  prison  at  Waupun  for  the 
term  of  three  years.  Pardon  granted  restoring  rights  of  citi- 
zenship September  5,  1918. 

August  Krueger— Convicted  before  the  circuit  court  for  Por- 


SESSION  OF  1919  289 

tage  county,  on  the  seventeenth  day  of  October,  1912,  of  the 
crime  of  murder  in  the  first  degree  and  sentenced  to  the  state 
prison  at  Waupun  for  the  term  of  life.  Commutation  of  sen- 
tence to  a  term  of  seven  years  was  granted  on  December  18, 
1914.  Pardon  granted  restoring  rights  of  citizenship  September 
5,  1918. 

Peter  Galles— Convicted  before  the  circuit  court  for  Kenosha 
county,  on  the  fourteenth  day  of  March,  1892,  of  the  crime  of 
burglary  and  sentenced  to  the  state  prison  at  Waupun  for  the 
term  of  one  year.  Pardon  granted  restoring  rights  of  citizenship 
September  12,  1918. 

Albert  A.  Schuette — Convicted  before  the  municipal  court  for 
Milwaukee  county,  on  the  ninth  day  of  August,  1915,  of  the 
crime  of  embezzlement  and  sentenced  to  the  state  prison  at  Wau- 
pun for  the  term  of  two  years.  Pardon  granted  restoring  rights 
of  citizenship  October  1,  1918. 

Stanley  Banach — Convicted  before  the  circuit  court  for  Mari- 
nette  county,  on  the  seventh  day  of  October,  1913,  of  the  crime 
of  adultery  and  sentenced  to  the  state  prison  at  Waupun  for 
the  term  of  one  year.  Pardon  granted  restoring  rights  of  citi- 
zenship October  15,  1918. 

John  Omnichinski — Convicted  before  the  municipal  court  for 
Winnebago  county,  on  the  fifth  day  of  May,  1914,  of  the  crime 
of  assault  with  intent  to  kill  and  sentenced  to  the  state  prison 
at  Waupun  for  the  term  of  four  years.  Pardon  granted  restor- 
ing rights  of  citizenship  November  20,  1918. 

Adam  Lewicky — Convicted  before  the  municipal  court  for  Mil- 
waukee county,  on  the  twenty-fourth  day  of  September,  1914, 
of  the  crime  of  larceny  and  sentenced  to  the  state  prison  at  Wau- 
pun for  the  term  of  three  years.  Pardon  granted  restoring  rights 
of  citizenship  December  12,  1918. 

ABSOLUTE  PARDON  FROM  THE  STATE  PRISON  AT  WAD  PUN 

H.  A.  Perry— Convicted  before  the  circuit  court  for  Forest 
county,  on  the  fourteenth  day  of  April,  1915,  of  the  crime  of 
assault  with  intent  to  do  great  bodily  harm  and  sentenced  to  the 
Wisconsin  state  prison  at  Waupun  for  the  term  of  two  years. 
Pardon  was  granted  ten  days  before  the  expiration  of  the  term 
for  the  purpose  of  restoring  his  civil  rights.  Pardon  was  granted 
January  4,  1917. 


290  MESSAGES  TO  THE  LEGISLATURE 

Julia  '  Rueckert — Convicted  before  the  circuit  court  for  Fond 
du  Lac  county,  on  the  tenth  day  of  November,  1916,  of  the  crime 
of  extortion  and  sentenced  to  the  Wisconsin  state  prison  at  Wau- 
pun  for  the  term  of  one  year.  It  was  represented  that  she  had 
been  sufficiently  punished  and  it  was  considered  best  for  her  six 
children  that  she  be  allowed  to  return  to  them.  Pardon  recom- 
mended by  Warden  Henry  Town.  Pardon  granted  January  17, 
1917. 

Marvin  M.  Fenner — Convicted  before  the  circuit  court  for  Wood 
county,  on  the  tenth  day  of  May,  1883,  of  the  crime  of  murder 
in  the  first  degree  and  sentenced  to  the  Wisconsin  state  prison 
at  Waupun  for  the  term  of  his  natural  life.  The  records  show 
that  this  man  has  been  out  on  parole  since  May  30,  1910,  and 
has  made  good  in  every  way,  demonstrating  that  he  is  a  good, 
honest  and  law-abiding  citizen.  Warden  Town  recommended  a 
pardon  and  under  all  the  circumstances  it  was  considered;  best 
to  grant  a  pardon  as  he  has  been  under  the  jurisdiction  of  the 
state  for  a  sufficient  length  of.  time.  Pardon  granted  January 
18,  19-17. 

Ffanlc  JacTcowsTci — Convicted  before  the  municipal  court  for  Mil- 
waukee county,  on  the  sixteenth  day  of  January,  19-16,  of  the 
crime  of  burglary  and  sentenced  to  the  Wisconsin  state  prison 
at  Waupun  for  the  term  of  eight  years.  Jackowski  was  suffer- 
ing from  pulmonary  tuberculosis  and  it  was  represented  that  he 
could  not  live  but  a  short  time.  The  pardon  was  granted  so 
that  he  could  be  released  and  not  die  in  prison.  Pardon  granted 
September  10,  1917. 

Louis  Carlone— Convicted  before  the  circuit  court  for  Bay  field 
county,  on  the  fourteenth  day  of  May,  1910,  of  the  crime  of 
murder  in  the  second  degree  and  sentenced  to  the  Wisconsin 
state  prison  at  Waupun  for  the  term  of  fifteen  years.  At  the 
time  the  pardon  was  granted  Carlone  was  not  expected  to  live 
but  a  short  time  as  he  was  suffering  from  tuberculosis.  As  a 
matter  of  fact  he  died  before  the  pardon  reached  him.  Pardon 
granted  March  8,  1917. 

Mike  Oseck— Convicted  before  the  circuit  court  for  Manitowoc 
county,  on  the  tenth  day  of  June,  1916,  of  the  crime  of  assault 
with  intent  to  commit  rape  and  sentenced  to  the  Wisconsin  state 
prison  at  Waupun  for  the  term  of  two  years.  This  man  was 
very  low  with  tuberculosis  and  the  prison  physician  advised  that 


OF  1919 

he  could  not  live  over  a  week.  The  pardon  was  granted  to  give 
him  an  opportunity  to  return  to  his  home  to  die.  The  pardon 
was  received  at  Waupun  on  the  morning  of  June  l-8th  and  he 
died  on  the  afternoon  of  that  day  before  he  could  be  taken  from 
the  prison.  Pardon  granted  June  15,  1917. 

Gusto,  Webb  —  Convicted  before  the  circuit  court  for  Lincoln 
county,  on  the  seventh  day  of  October,  1915,  of  the  crime  of 
attempt  to  murder  and  sentenced  to  the  Wisconsin  state  prison 
at  Waupun  for  the  term  of  eight  years.  Pardon  recommended 
by  the  Board  of  Control  for  the  reason  that  Mrs.  Webb  was  suf- 
fering from  pulmonary  tuberculosis  and  chronic  gastritis.-  Her 
condition  was  such  that  she  was  a  menace  to  the  other  inmates 
of  the  female  prison.  It  was  represented  that  she  could  live  but 
a  short  time.  Absolute  pardon  granted  on  July  2,  1917. 

Carmello  Afimo— Convicted  before  the  municipal  court  for  Mil- 
waukee county,  on  the  eleventh  day  of  May,  1915,  of  the  crime 
of  murder  in  the  first  degree  and  sentenced  to  the  Wisconsin 
state  prison  at  Waupun  for  the  term  of  her  natural  life.  It  was 
represented  by  the  prison  physician  at  Waupun  that  she  was  in 
an  advanced  stage  of  tuberculosis  and  could  live  but  a  short  time 
and  that  her  presence  at  Waupun  endangered  the  health  of  other 
inmates.  Absolute  pardon  granted  on  July  26,  1917. 

Joseph  Perniccio — Convicted  before  the  circuit  court  for  Rock 
county,  on  the  third  day  of  November,  1913,  of  the  crime  of 
assault  regardless  of  life  and  sentenced  to  the  Wisconsin  state  prison 
at  Waupun  for  the  term  of  five  years.  This  pardon  acted  merely 
as  a  -restoration  to  citizenship,  as  his  term  would  have  expired 
on  August  3,  1917.  Absolute  pardon  granted  July  30,  1917. 

F.  W.  Snook — Convicted  before  the  municipal  court  for  Mil- 
waukee county,  on  the  seventeenth  day  of  September,  1915,  of 
the  crime  of  embezzlement  and  sentenced  to  the  Wisconsin  state 
prison  at  Waupun  for  the  term  of  two  and  one-half  years.  It 
was  claimed  that  Snook  really  had  no  intention  of  committing 
a  crime.  Money  was  given  to  him  with  which  to  purchase  stock. 
This  he  claims  he  sent  to  New  York  to  a  brokerage  house  with 
instructions  to  buy  a  certain  amount  of  steel  stock  on  margin. 
He  evidently  owed  the  house  money  and  they  applied  the  sum 
received  to  that  account.  He  gave  his  note  to  the  party  from 
whom  he  obtained  the  money  and  it  was  accepted.  He  fully  in- 


292  MESSAGES  TO  THE  LEGISLATURE 

tends  to  right  the  wrong  that  has  been  unintentionally  done. 
Pardon  granted  August  21,  1917. 

William  B.  McLelland—  Convicted  before  the  municipal  court 
for  Dane  county  on  the  twenty-first  day  of  January,  1916,  of 
the  crime  of  adultery  and  sentenced  to  the  Wisconsin  state  prison 
at  Waupun  for  the  term  of  two  years.  His  term  would  have 
expired  on  October  21,  1917.  He  was  on  parole  and  had  faith- 
fully kept  the  conditions  of  his  parole.  This  pardon  operated 
merely  to  restore  his  civil  rights.  Pardon  granted  October  19, 
1917. 

Charles  Lusk— Convicted  before  the  municipal  court  for  Dane 
county  on  the  twenty -ninth  day  of  December,  1916,  of  the  crime 
of  drunkenness  and  sentenced  to  the  Wisconsin  state  prison  at 
Waupun  for  the  term  of  one  year.  Term  would  have  expired 
in  about  ten  days  and  the  pardon  operated  merely  to  restore 
civil  rights.  Pardon  granted  November  2,  1917. 

Phillip  0.  Belknap — Convicted  before  the  municipal  court  for 
Eacine  county  on  the  ninth  day  of  August,  1917,  of  the  crime 
of  larceny  and  sentenced  to  the  Wisconsin  state  prison  at  Wau- 
pun for  the  term  of  one  year.  His  term  would  have  expired  on 
July  5,  1918,  and  the  pardon  operated  merely  to  restore  citizen- 
ship. Pardon  granted  June  25,  1918. 

George  M.  Reeves,  alias  George  Ryan — Convicted  before  the 
circuit  court  for  Eau  Claire  county  on  the  eighteenth  day  of  Sep- 
tember, 1916,  of  the  crime  of  attempted  larceny  and  sentenced 
to  the  Wisconsin  state  prison  at  Waupun  for  the  term  of  three 
years.  This  party  was  out  on  parole  and  was  working  in  a  muni- 
tion factory  in  Minneapolis,  Minnesota.  The  plant  is  run  by 
the  government.  To  retain  his  position  it  was  necessary  that 
his  civil  rights  be  restored.  He  is  suffering  from  a  cancer  in  the 
jaw  and  his  mother  from  a  cancer  of  the  breast.  Because  of 
his  physical  condition  it  was  hard  for  him  to  get  employment 
and  the  pardon  was  granted  in  order  that  he  might  retain  his 
position.  Pardon  granted  July  29,  1918. 

W.  C.  Weldon — Convicted  before  the  circuit  court  for  Kusk 
county  on  the  second  day  of  November,  1915,  of  the  crime  of 
enticing  a  female  for  immoral  purposes  and  sentenced  to  the 
Wisconsin  state  prison  for  the  term  of  one  year.  The  judge,  fore- 
man of  the  jury  and  citizens  recommended  that  he  be  released 
in  view  of  the  fact  that  he  is  married  and  has  a  family,  and 


SESSION  OF  1919  293 

that  he  has  in  fact  suffered  considerable  punishment.     Pardon 

granted  December  28,  1918. 

ABSOLUTE  PARDONS  FROM  THE  STATE  KEFORMATORY  AT  GREEN 

BAY 

H.  J.  M orris—  Convicted  before  the  circuit  court  for  Fond  du 
Lac  county  on  the  twenty-third  day  of  December,  1915,  of  the 
crime  of  larceny  under  section  4415  of  the  statutes  and  sentenced 
to  the  Wisconsin  state  reformatory  at  Green  Bay  for  the  term 
of  three  years.  Sentence  was  suspended  by  judge  after  impos- 
ing same.  His  family  connections,  previous  course  of  life  and 
conduct  since  he  has  been  on  parole  are  all  such  that  ends  of 
justice  would  be  fully  met  by  discharging  him  at  this  time.  Par- 
don recommended  by  judge  and  highly  recommended  by  the  man 
to  whom  he  was  paroled.  He  was  anxious  to  enter  the  army. 
Pardon  granted  November  22,  1917. 

James  Truscott — Convicted  before  the  circuit  court  for  Winne- 
bago  county  on  the  twenty-third  day  of  January,  1915,  of  the 
crime  of  arson  and  sentenced  to  the  Wisconsin  state  reformatory 
at  Green  Bay  for  the  term  of  two  years.  This  party  was  on 
parole  from  the  reformatory,  violated  the  same  and  later  joined 
the  Canadian  Army  and  was  sent  abroad.  He  was  wounded  and 
was  returned  to  Canada  to  recuperate.  He  was  to  be  sent  abroad 
again  and  the  pardon  was  granted  him  to  enable  him  to  come 
into  Wisconsin  without  the  danger  of  his  being  arrested  and  sent 
back  to  serve  out  his  sentence.  He  desired  to  come  to  this  state 
to  visit  his  mother.  Pardon  granted  March  22,  1918. 

Clarence  Grognet — Convicted  before  the  municipal  court  for 
Manitowoc  county  on  the  third  day  of  July,  1917,  of  the  crime 
of  larceny  and  sentenced  to  the  Wisconsin  state  reformatory  at 
Green  Bay  for  the  term  of  from  one  to  ten  years.  The  sentence 
was  suspended  and  Grognet  placed  on  probation  in  the  custody 
and  control  of  the  state  board  of  control.  Inasmuch  as  he  had 
never  been  in  prison  pardon  was  granted  in  order  that  he  might 
enter  military  service  where  he  would  be  under  strict  discipline. 
Pardon  granted  September  18,  1918. 

ABSOLUTE  PARDONS  FROM  MILWAUKEE  COUNTY  HOUSE  OF 
CORRECTION 

Ernest  Leiness—  Convicted  before  the  municipal  court  for  Mil- 
waukee county  on  the  sixteenth  day  of  April,  1912,  of  the  crime 


294  MESSAGES  TO  THE  LEGISLATURE 

of  obtaining,  money  under  false  pretenses  and  sentenced  to  the 
Milwauke  county  house  of  correction  for  the  term  of  one  year 
and  three  months.  Full  term  had  been  served  and  this  pardon 
operated  to  restore  citizenship.  Pardon  granted  March  14,  1917. 

Cleo  Spencer — Convicted  before  the  municipal  court  for  Mil- 
waukee county  on  the  twenty-seventh  day  of  January,  1917,  of 
the  crime  of  keeping  a  house  of  ill-fame  and  sentenced  to  the 
Milwauke  county  house  of  correction  for  the  term  of  one  year. 
It  appeared  from  a  letter  from  the  district  attorney  that  this 
woman  was  convicted,  of  an  offense  of  which  she  was  not  guilty. 
According  to  this  letter  this  woman  was  an  inmate  and  not  the 
keeper  of  the  house.  The  maximum  sentence  for  being  an  in- 
mate of  such  a  house  is  ninety  days  and  she  having  already  served 
considerable  more  than  that  a  pardon  was  granted.  Pardon 
granted  July  11,  1917. 

Helen  Gordon — Convicted  before  the  municipal  court  for  Mil- 
waukee county  on  the  eleventh  day  of  January,  1917,  of  the 
crime  of  larceny  and  sentenced  to  the  Milwaukee  county  house 
of  correction  for  the  term  of  one  year.  When  the  sentence  was 
pronounced  the  judge  said  he  would  recommend  a  pardon  when 
one-half  the  term  was  up.  Her  father  wished  to  take  her  out- 
side of  the  state.  Pardon  granted  July  11,  1917. 

Andrew  Redzinski — Convicted  before  the  municipal  court  for 
Milwauke  county  on  the  fourth  day  of  January,  1917,  of  the 
crime  of  attempted  larceny  and  sentenced  to  the  Milwaukee  county 
house  of  correction  for  the  term  of  one  year.  Had  been  suf- 
ficiently punished.  Has  a  family  of  six  children  and  there  was 
no  one  to  help  support  them  except  his  wife,  who  was  taking 
care  of  the  family  by  the  earnings  of  her  labor  as  a  washerwoman. 
Pardon  granted  July  24,  1917. 

Charles  Tt.  Carpenter—  Convicted  before  the  circuit  court  for 
Milwaukee  county  on  the  fifteenth  day  of  May,  1917,  of  the  crime 
of  making  false  statements  and  sentenced  to  the  Milwaukee  county 
house  of  correction  for  the  term  of  two  years  and  six  months. 
This  matter  was  heard  in  December,  1917,  and  at  that  time  it 
was  agreed  that  a  pardon  would  be  granted  when  he  was  eligible 
to  parole  as  this  party  would  comply  with  all  parole  rules  and 
cause  the  state  no  further  trouble.  Pardon  granted  July  1,  1918. 

Charles  FricJce — Convicted  before  the  municipal  court  for  Mil- 
waukee county  on  the  fifth  day  of  October,  1917,  of  the  crime 


SESSION  OF  1919  295 

of  keeping  disorderly  house  and  sentenced  to  pay  a  fine  of  two 
hundred  dollars  and  costs  and  imprisonment  in  the  Milwaukee 
county  house  of  correction  for  the  term  of  six  months.  This 
party  pled  guilty  under  advice  of  his  attorney  with  the  under- 
standing that  he  would  merely  pay  a  fine.  There  is  no  evidence 
that  he  ever  kept  a  disorderly  house.  Pardon  granted  December 
20,  1917. 

Charles  Green — Convicted  before  the  municipal  court  for  Mil- 
waukee county  on  the  nineteenth  day  of  April,  1918,  of  the  crime 
of  burglary  and  sentenced  to  the  Milwaukee  county  house  of  cor- 
rection for  the  term  of  three  years.  The  other  party  to  this  crime, 
although  guilty,  was  placed  on  probation.  As  soon  as  released 
Green  was  to  enlist  and  depart  for  France  with  a  contingent  of 
railroad  men.  The  country  was  in  need  of  expert  railroad  men 
and  it  was  recommended  by  the  judge  and  district  attorney  that 
he  be  pardoned.  Prior  to  his  conviction  he  maintained  his  mother 
and  an  allotment  was  to  be  made  to  her  from  the  amount  re- 
ceived from  the  federal  government.  Absolute  pardon  granted 
August  3,  1918. 

Florian  Grabow — Convicted  before  the  municipal  court  for  Mil- 
waukee county  on  the  second  day  of  May,  1905,  of  the  crime  of 
taking  indecent  liberties  with  a  female  under  the  age  of  four- 
teen and  sentenced  to  the  Milwaukee  county  house  of  correction 
for  the  term  of  two  years.  This  man  has  already  served  his  term. 
He  is  not  a  citizen  and  has  made  application  for  naturalization 
papers.  It  is  necessary  that  a  pardon  be  granted  him  before 
these  papers  can  be  issued.  Absolute  pardon  granted  December 
4,  1918. 


William  Frisch — Convicted  before  the  juvenile  court  for  Dane 
county  on  the  twenty-fourth  day  of  February,  1917,  of  the  crime 
of  incorrigibility  and  delinquency  and  sentenced  to  the  Wiscon- 
sin industrial  school  for  boys  for  the  full  period  of  his  minority. 
Father  of  this  b'oy  died  since  his  commitment.  The  mother  lives 
on  a  farm  and  this  is  her  oldest  son.  Pardon  granted  that  he 
might  help  her  with  the  work.  Absolute  pardon  granted  June 
21,  1917. 


296  MESSAGES  TO  THE  LEGISLATURE 

ABSOLUTE  PARDONS  FROM  COUNTY  JAILS 

Warren  Scott— Convicted  before  the  municipal  court  for  Eau 
Claire  county  on  the  nineteenth  day  of  October,  1916,  of  the 
crime  of  publicly  exposing  bis  person  in  an  obscene  manner  and 
sentenced  to  the  county  jail  for  Eau  Claire  county  for  the  term 
of  six  months.  The  young  man  was  needed  in  Lewistown,  Mon- 
tana, in  connection  with  the  settlement  of  an  estate  in  which  he 
is  interested.  The  judge  who  sentenced  him  recommended  a  par- 
don and  it  is  thought  that  the  ends  of  justice  in  this  case  had 
been  well  satisfied.  Pardon  granted  January  24,  1917. 

Gust  Hoeppher — Convicted  before  the  justice  court  in  Mellen, 
Ashland  county,  on  the  fourth  day  of  January,  1918,  of  the  crime 
of  violating  the  game  laws  and  sentenced  to  the  county  jail  for 
Ashland  county  for  the  term  of  sixty  days.  His  family  was 
in  destitute  circumstances,  having  no  food  and  no  wood.  The 
man  was  an  innocent  offender,  not  knowing  that  it  was  necessary 
to  have  a  trappers  license.  The  conservation  commission  and  all 
interested  recommend  a  pardon.  Pardon  granted  January  17, 
1918. 

ABSOLUTE  PARDONS  MISCELLANEOUS 

Frank  Anderson— Convicted  before  the  circuit  court  for  Eau 
Claire  county,  on  the  ninth  day  of  March,  1916,  of  the  crime  of 
burglary  in  the  night-time  and  sentenced  to  be  placed  on  pro- 
bation for  an  indefinite  period  of  time  not  exceeding  ten  years. 
At  the  time  this  pardon  was  granted  this  party  was  in  the  service 
of  the  United  States  army  in  France.  He  had  some  money  com- 
ing and  his  mother  was  in  need  of  same.  It  could  not  be  turned 
over  to  her  while  he  was  on  probation.  Pardon  was  granted  to 
enable  him  to  make  such  disposition  of  it  as  he  chose.  Pardon 
granted  July  3,  1918. 

CONDITIONAL  PARDONS  FROM  THE  WISCONSIN  STATE  PRISON 

Sadie  Scheu—  Convicted  before  the  county  court  for  Washburn 
county,  on  the  first  day  of  November,  1916,  of  the  crime  of  adul- 
tery and  sentenced  to  the  Wisconsin  state  prison  at  Waupun  for 
the  term  of  two  years.  Husband  was  willing  to  take  her  home. 
Their  four  children  needed  her  attention.  From  evidence  dis- 


SESSION  OF  1919  297 

closed  her  husband  was  partly  responsible  for  her  downfall  be- 
cause of  his  brutal  treatment  of  her.  A  conditional  pardon  was 
granted  on  February  15,  1917,  the  conditions  being  that  she  re- 
turn to  her  husband  and  family  and  perform  a  mother's  part 
in  maintaining  their  home,  report  once  each  month  to  Warden 
Henry  Town,  giving  full  account  of  her  conduct,  also  treatment 
accorded  her  by  her  husband  and  conduct  herself  in  proper  and 
lawful  manner.  Mrs.  Scheu  violated  the  conditions  imposed  and 
the  pardon  was  revoked  on  July  3,  1917. 

William  Sherman— Convicted,  before  the  municipal  court  for 
Milwaukee  on  the  sixteenth  day  of  March,  1917,  of  the  crime  of 
attempted  rape  and  sentenced  to  the  Wisconsin  state  prison  at 
Waupun  for  the  term  of  five  years.  There  was  no  physical  in- 
jury done  to  the  person  he  attempted  to  rape.  He  had  a  good 
reputation  up  to  this  time.  Employer  was  anxious  to  again  se- 
cure the  services  of  Sherman  and  promised  to  give  him  personal 
attention.  Conditional  pardon  was  granted  him  on  May  18,  1917, 
the  conditions  being  that  he  place  himself  under  the  care  and 
guidance  of  Thomas  G.  Hayden,  report  once  every  thirty  days 
to  John  T.  Janssen,  chief  of  police  of  Milwaukee,  and  be  sober 
and  industrious  and  conduct  himself  in  a  peaceable  and  law- 
abiding  manner. 

Charles  Seaman — Convicted  before  the  circuit  court  for  Fond 
du  Lac  county  on  the  seventh  day  of  December,  1914,  of  the 
crime  of  larceny  and  sentenced  to  the  Wisconsin  state  prison 
at  Waupun  for  the  term  of  twelve  years.  At  the  time  of  his 
conviction  he  was  addicted  to  the  use  of  narcotic  drugs.  He  had 
overcome  the  habit  and  a  conditional  pardon  was  granted  him 
in  order  that  he  might  be  returned  to  prison  if  he  again  acquired 
the  habit.  Conditional  pardon  granted  on  July  14,  1917,  the 
conditions  being  that  he  remain  in  Fond  du  Lac,  abstain  from 
the  use  of  alcoholic  drinks,  also  narcotic  drugs,  and  that  he  re- 
port to  Judge  C.  A.  Fowler  every  thirty  days,  giving  full  account 
of  his  conduct  and  conduct  and  demean  himself  in  a  peaceable 
and  law-abiding  manner. 

Laden  Fogo — Convicted  before  the  circuit  court  for  Richland 
county  on  the  eighteenth  day  of  June,  1917,  of  the  crime  of 
manslaughter  in  the  fourth  degree  and  sentenced  to  the  Wiscon- 
sin state  prison  at  Waupun  for  the  term  of  seventeen  months. 
Conditional  pardon  recommended  by  the  judge  who  sentenced 


298  MESSAGES  TO  THE  LEGISLATURE 

him.  He  had  a  good  position  and  his  family  needed  him,  so  con- 
ditional pardon  was  granted  to  act  as  parole.  Conditional  par- 
don granted  July  7,  1917,  the  conditions  being  that  he  place 
himself  under  the  supervision  of  B.  N".  Jostad,  state  probation 
officer,  report  to  him  upon  such  matters  and  at  such  times  as 
he  might  require,  abstain  absolutely  from  the  use  of  intoxicat- 
ing liquors  and  conduct  and  demean  himself  as  a  peaceable  and 
"  law-abiding  citizen. 

Howard  W.  Burgess — Convicted  before  the  circuit  court  for 
La  Crosse  county  on  the  eighteenth  day  of  November,  1916,  of 
the  crime  of  assault  with  intent  to  commit  murder  and  sentenced 
to  the  Wisconsin  state  prison  at  Waupun  for  the  term  of  seven 
years.  Conditional  pardon  recommended  by  the  judge  and  dis- 
trict attorney.  Burgess  is  tubercular,  with  an  affected  right  lung. 
Pardon  granted  to  enable  him  to  go  west  on  a  ranch  owned  by 
his  uncle  in  order  to  regain  his  health.  Conditional  pardon 
granted  July  18,  1917,  the  conditions  being  that  he  go  to  Cali- 
fornia to  reside  on  a  ranch  with  his  uncle,  conduct  himself  in 
a  peaceable  and  law-abiding  manner. 

Florence  Gould — Convicted  before  the  municipal  court  for  Chip- 
pewa  county  on  the  ninth  day  of  March,  1917,  of  the  crime  of 
adultery  and  sentenced  to  the  Wisconsin  state  prison  at  Waupun 
for  the  term  of  eighteen  months.  Investigation  by  the  state 
board  of  control  revealed  the  fact  that  her  home  was  in  a  de- 
plorable condition.  They  have  three  children  and  father  could 
not  afford  a  housekeeper.  Mother  pardoned  to  permit  her  to 
return  and  care  for  her  family.  It  was  necessary  either  to  re- 
turn her  or  send  the  children  to  the  state  school.  Conditional 
pardon  granted  August  20,  1917,  the  conditions  being  that  she 
return  to  her  home  and  care  for  her  family  and  conduct  herself 
in  a  proper  manner. 

Louis  Ormson—  Convicted  before  the  circuit  court  for  Juneau 
county  on  the  twenty-sixth  day  of  October,  1916,  of  the  crime 
of  burglary  and  sentenced  to  the  Wisconsin  state  prison  at  Wau- 
pun for  the  term  of  two  years.  This  pardon  was  granted  be- 
cause of  the  need  of  the  wife  and  children  and  because  it  ap- 
peared that  the  applicant's  offense  would  not  have  been  com- 
mitted had  he  not  been  under  the  influence  of  liquor.  Condi- 
tional pardon  granted  October  26,  1917,  the  conditions  being  that 
he  return  to  his  family,  abstain  entirely  from  the  use  of  intoxi- 


SESSION  OF  1919  299 

eating  liquors  "and  conduct  himself  in  every  way  as  a  good,  law- 
abiding  citizen. 

Thomas  Kratochvil — Convicted  before  the  municipal  court  for 
Chippewa  county  on  the  eleventh  day  of  October,  1916,  of  the 
crime  of  forgery  and  sentenced  to  the  Wisconsin  state  prison 
at  Waupun  for  the  term  of  seven  years.  It  appeared  that  this 
applicant  was  only  a  boy  and  that  the  judge  who  sentenced  him 
labored  under  the  misapprehension  that  he  had  reached  his  ma- 
jority. A  conditional  pardon  recommended  by  the  judge  and 
district  attorney.  It  appeared  from  all  facts  that  the  better  way 
to  deal  with  him  was  to  grant  the  pardon  so  that  he  would-be 
out  as  if  on  a  parole.  Conditional  pardon  granted  February  5th, 
1918,  the  conditions  being  that  he  be  under  the  control  of  B.  JVI. 
Josfad,  parole  officer,  to  the  same  extent  as  if  he  were  out  on 
parole  granted  by  the  state  board  of  control  and  upon  the  fur- 
ther condition  that  such  parole  officer  find  employment  for  him, 
and  that  he  conduct  himself  as  a  law-abiding  citizen  and  refrain 
from  the  use  of  intoxicating  liquor  in  any  form  and  from  the 
commission  of  any  offense  against  the  state  laws.  Kratochvil  vio- 
lated the  term  of  his  pardon  and  the  same  was  revoked  on  De- 
cember 13th,  1918,  and  he  was  returned  to  the  state  prison  at 
Waupun  to  complete  his  original  sentence. 

Rodney  Dain — Convicted  before  the  circuit  court  for  Portage 
county  on  the  twenty-first  day  of  July,  1917,  of  the  crime  of 
larceny  and  sentenced  to  the  Wisconsin  state  prison  at  Waupun 
for  the  term  of  two  years.  State  board  of  control  recommended 
a  pardon  in  order  that  Dain  might  plant  his  crops,  which  were 
very  essential  at  that  time.  The  conditional  pardon  acted  as 
a  parole,  but  it  enabled  him  to  care  for  his  farm,  and  support 
his  wife.  Conditional  pardon  granted  April  4,  1918,  the  condi- 
tions being  that  he  return  to  his  home,  take  charge  of  his  farm 
and  plant  it  and  that  he  make  regular  monthly  reports  of  his 
conduct  during  the  balance  of  his  term,  which  reports  must  be 
verified  by  some  substantial  citizen  who  would  act  as  his  guar- 
dian, the  same  to  be  made  to  the  state  board  of  control  at  Madi- 
son. 

Perry  McClinchy — Convicted  before  the  circuit  court  for  For- 
est county  on  the  tenth  day  of  April,  1917,  of  the  crime  of  grand 
larceny  and  sentenced  to  the  Wisconsin  state  prison  at  Waupun 
for  the  term  of  three  vears.  Since  this  man's  conviction  his 


300  MESSAGES  TO  THE  LEGISLATURE 

wife  secured  a  divorce,  remarried  in  violation  of  the  law  and 
abandoned  the  two  sons,  aged  ten  and  eleven.  Judge  and  dis- 
trict attorney  who  are  familiar  with  all  the  facts  recommended 
a  pardon  in  order  that  he  might  secure  the  custody  of  the  chil- 
dren and  care  for  them.  .  Conditional  pardon  granted  April  12, 
1918,  the  conditions  being  that  he  lead  an  upright  and  honor- 
able life,  abstain  from  the  use  of  intoxicating  liquors  and  make 
a  home  for  his  children  and  take  good  care  of  them. 

James  Lowney— Convicted  before  the  municipal  court  for  Win- 
nebago  county  on  the  thirteenth  day  of  February,  1918,  of  the 
crime  of  forgery  and  sentenced  to  the  Wisconsin  state  prison  at 
Waupun  for  the  term  of  seven  years.  The  prisoner  was  suffer- 
ing from  tuberculosis  and  not  expected  to  live  a  year.  Pardon 
granted  to  enable  him  to  go  to  his  home  and  receive  the  care 
and  attention  that  his  people  could  give  him.  Conditional  par- 
don granted  May  16,  1918,  the  conditions  being  that  he  be  taken 
to  his  father's  home,  cared  for  and  that  during  his  illness  he 
conduct  himself  properly  and  that  he  should  not  during  the  bal- 
ance of  his  term  enter  any  store  or  business  house  where  he  may 
attempt  to  pass  any  check  or  other  paper  of  value  and  that  six 
months  from  the  date  of  this  pardon  he  send  a  sworn  statement 
made  by  the  attending  physician  giving  the  condition  of  his  heatlh, 
a  copy  of  pardon  given  board  of  control  with  instructions  that 
probation  officer  visit  him  once  in  six  months  to  determine  his 
condition  and  his  personal  conduct. 

Allie  Robinson — Convicted  before  the  circuit  court  for  Clark 
county  on  the  second  day  of  June,  1917,  of  the  crime  of  arson 
and  sentenced  to  the  Wisconsin  state  prison  at  Waupun  for  the 
term  of  three  years.  The  judge  and  district  attorney  recommended 
pardon.  Eobinson's  children  were  being  maintained  at  private 
expense  at  Neillsville  and  they  would  have  been  sent  to  one  of 
the  state  institutions  if  the  father  had  not  been  released  to  care 
for  them.  Eobinson  was  really  the  tool  of  his  brother-in-law, 
who  was  the  real  offender  and  who  was  acquitted.  Conditional 
pardon  granted  August  27,  1918,  the  conditions  being  that  he 
conduct  and  demean  himself  as  a  peacable  and  law-abiding  citi- 
zen and  that  he  support  his  family. 

Patrick  Brickie— Convicted  before  the  circuit  court  for  Fond 
du  Lac  county  on  the  tenth  day  of  May,  1918,  of  the  crime  of 
drunkenness  and  sentenced  to  the  Wisconsin  state  prison  at  Wau- 


SESSION  OF  1919  301 

pun  for  the  term  of  one  year.  Granted  on  recommendation  of 
the  judge  who  sentenced  him.  It  was  thought  that  a  conditional 
pardon  would  serve  to  punish  him  more  satisfactorily  than  im- 
prisonment. Conditional  pardon  granted  June  27,  1918,  the  con- 
ditions being  that  he  abstain  absolutely  from  alcoholic  liquors 
and  that  he  be  employed  on  a  farm  under  the  direction  of  B. 
M.  Jostad,  state  parole  officer .  Brickie  refused  to  accept  the  par- 
don under  the  conditions  imposed  and  the  same  was  revoked 
August  3,  1918. 

Frank  Hipke— Convicted  before  the  circuit  court  for  Lincoln 
county,  on  the  eighteenth  day  of  April,  1917,  of  the  crime  of 
rape  and  sentenced  to  the  Wisconsin  state  prison  at  Waupun  for 
the  term  of  four  years.  He  had  a  wife  and  two  children  being 
supported  by  the  county.  She  received  thirty-seven  dollars  a 
month,  paid  seven  for  rent  and  had  to  live  on  thirty.  She  has  a 
goiter  and  was  in  need  of  an  operation.  The  oldest  child  had 
tuberculosis  and  the  other  child  injured  his  eye  and  a  cataract 
formed  which  also  needed  attention.  The  district  attorney  and 
judge  were  in  favor  of  a  pardon.  Conditional  pardon  granted 
October  10,  1918,  the  conditions  being  that  he  conduct  and  demean 
himself  as  a  law-abiding  citizen. 

Robert  Peters— Convicted  before  the  circuit  court  for  Fond  du 
Lac  county,  on  the  third  day  of  July,  1918,  of  the  crime  of 
larceny  and  sentenced  to  the  Wisconsin  state  prison  at  Waupun 
for  the  term  of  one  year.  His  mother  was  badly  in  need  of  his 
support.  His  trouble  Avas  the  use  of  liquor  and  under  the  par- 
don he  will  be  required  to  abstain  from  that.  Conditional  pardon 
granted  November  13,  1918,  the  conditions  being  that  he  conduct 
himself  as  a  law-abiding  citizen,  abstain  from  the  use  of  alcoholic 
drinks,  be  industrious  and  support  his  mother.  The  pardon  was 
to  take  effect  on  December  1,  1918. 

Frank  8.  Herbert — Convicted  before  the  circuit  court  for  Bay- 
field  county,  on  the  twenty-seventh  day  of  November,  1917,  of  the 
crime  of  rape  and  sentenced  to  the  Wisconsin  state  prison  at  Wau- 
pun for  the  term  of  two  years.  In  view  of  the  many  letters  re- 
ceived, from  which  it  appeared  that  this  was  the  first  time  this 
applicant  had  offended  against  the  laws.  His  family  are  in  every 
way  deserving.  Mrs.  Herbert  has  established  a  new  home  in 
Duluth,  Minnesota,  so  as  to  take  her  husband  from  the  scene  of 
his  trouble.  Conditional  pardon  granted  December  31,  1918,  the 


302  MESSAGES  TO  THE  LEGISLATURE 

conditions  being  that  he  go  to  Duluth,  Minnesota  living  there  for 
the  balance  of  the  term  for  which  he  was  sentenced,  conducting 
himself  as  a  law-abiding  citizen,  keeping  away  from  Iron  River, 
his  former  home,  and  having  no  illicit  relations  with  any  woman, 
supporting  hj£  family. 

Thomas  Gray— Convicted,  before  the  municipal  court  for  Mil- 
waukee county,  on  the  twenty-ninth  day  of  April,  1918,  of  the 
crime  of  operating  an  automobile  without  the  owner's  consent 
and  sentenced  to  the  Wisconsin  state  prison  at  Waupun  for  the 
term  of  eighteen  months.  Penalty  was  excessive  for  crime  com- 
mitted. It  was  deemed  advisable  for  the  best  interests  of  Gray 
to  grant  him  a  conditional  pardon  in  order  that  he  might  demon- 
strate his  worth.  Recommended  by  the  district  attorney  of  Mil- 
waukee. Conditional  pardon  granted  December  31,  1918,  the  con- 
ditions being  that  he  be  under  the  control  of  B.  M.  Jostad,  state 
parole  officer,  to  the  same  extent  as  though  he  were  out  on  a  parole 
granted  by  the  state  board  of  control  and  upon  the  further  condi- 
tion that  such  probation  officer  find  employment  for  him  and  that 
he  conduct  himself  as  a  law-abiding  citizen  and  refrain  from  the 
use  of  alcoholic  drinks  and  refrain  from  the  commission  of  any 
offense  against  any  of  the  state  laws. 

CONDITIONAL  PARDONS  FROM  THE  WISCONSIN  STATE 
REFORMATORY 

Joseph  Routt— Convicted  before  the  municipal  court  for  Mil- 
waukee county,  on  the  ninth  day  of  September,  1916,  of  the  crime 
of  operating  an  automobile  without  the  consent  of  the  owner  and 
sentenced  to  the  Wisconsin  state  reformatory  at  Green  Bay  for 
the  term  of  one  year.  Pardon  recommended  by  the  state  board 
of  control  for  the  reason  that  Routt  was  in  bad  health,  having 
developed  heart  trouble  and  it  was  the  opinion  of  the  board  that 
he  could  not  recover  speedily  while  confined  in  the  reformatory. 
Conditional  pardon  granted  February  15,  1917,  the  conditions 
being  that  he  return  to  his  home  and  submit  to  medical  treat- 
ment and  that  he  properly  conduct  himself  for  the  balance  of  the 
term  for  which  he  was  sentenced. 

Joe  Schullo — Convicted  before  the  county  court  for  Washburn 
county,  on  the  thirty-first  day  of  October,  1916,  of  the  crime  of 
adultery  and  sentenced  to  the  Wisconsin  state  reformatory  at 


SESSION  or  1919  303 

Green  Bay  for  the  term  of  two  years.  Pardon  recommended  by 
the  judge  who  sentenced  him.  The  woman  in  this  case  had  been 
pardoned  and  it  was  just  and  proper  that  this  party  receive  the 
same  consideration.  Conditional  pardon  granted  on  March  28, 
1917,  the  conditions  being  that  he  report  at  least  once  every  fifteen 
days  to  L.  J.  Jones,  county  judge  of  AVashburn  county,  or  his 
successor  in  office,  giving  a  full  account  of  his  personal  conduct, 
conduct  himself  in  a  peaceable  manner  and  that  he  does  not  re- 
new his  criminal  relations  with  the  woman  that  was  convicted  with 
him. 

Thomas  Halverson—  Convicted  before  the  municipal  court  for 
Milwaukee  county,  on  the  nineteenth  day  of  April,  1917,  of  the 
crime  of  injuring  a  steam  shovel  under  section  4440a.  R.  S.  and 
sentenced  to  the  Wisconsin  state  reformatory  at  Green  Bay  for 
the  term  of  one  year.  His  two  brothers  had  joined  the  army  and 
this  pardon  was  granted  in  order  that  the  mother  might  have  one 
son  at  home.  Conditional  pardon  granted  November  8,  1917,  the 
conditions  being  that  he  lead  an  upright,  honest  life  and  conduct 
himself  as  a  law-abiding  citizen. 

CONDITIONAL  PARDONS  FROM  INDUSTRIAL  SCHOOL  FOR  BOYS 

Charles  Wood—  Convicted  before  the  county  court  for  Vernon 
county,  on  the  twentieth  day  of  August,  1913,  of  the  crime  of 
larceny  and  sentenced  to  the  Wisconsin  industrial  school  for  boys 
for  the  full  period  of  his  minority.  His  parents  left  the  state  in 
order  that  the  son  might  be  taken  away  from  old  influences.  The 
district  attorney  recommended  clemency.  Conditional  pardon 
granted  August  17,  1917,  the  conditions  being  that  he  go  to  Austin, 
Minnesota,  and  live  with  his  parents  until  he  becomes  of  age  un- 
less he  should  choose  to  enter  military  service. 

Anton  Schmeigel — Convicted  before  the  municipal  court  for 
Dane  county,  on  the  twenty-fifth  day  of  November,  1916,  of  the 
crime  of  larceny  and  burglary  and  sentenced  to  the  Wisconsin 
industrial  school  for  boys  for  the  full  period  of  his  minority. 
Judge  requested  pardon.  His  father  was  an  inmate  of  an  in- 
sane hospital  and  his  mother  found  it  very  difficult  to  care  for 
the  large  family  at  home.  Pardon  granted  that  she  might  have 
his  assistance.  Conditional  pardon  granted  August  22,  1917,  the 
conditions  being  that  he  report  semi-monthly  to  T.  C.  Purcell 


304  MESSAGES  TO  THE  LEGISLATURE 

upon  such  matters  and  in  such  manner  as  he  shall  direct  and  that 
he  comply  with  such  rules  and  regulations  as  Mr.  Purcell  may 
prescribe  for  the  balance  of  his  term. 

CONDITIONAL  PARDONS  FROM  THE  MILWAUKEE  COUNTY  HOUSE  OF 

CORRECTION 

Maud  Moore— Convicted  before  the  municipal  court  for  Mil- 
waukee county,  on  the  twenty-sixth  day  of  April,  1917,  of  the 
crime  of  keeping  a  house  of  ill-fame  and  sentenced  to  the  Mil- 
waukee county  house-  of  correction  for  the  term  of  six  months. 
Sentence  was  excessive  and  conditional  pardon  acts  as  a  parole. 
Conditional  pardon  granted  September  11,  1917,  the  conditions 
being  that  she  return  to  her  parents  at  Grand  Rapids,  Wiscon- 
sin, and  that  she  conduct  herself  in  a  moral  and  law-abiding  man- 
ner. 

8.  0.  Stella— Convicted  before  the  municipal  court  for  Milwau- 
kee county,  on  the  eighteenth  day  of  May,  1917,  of  the  crime  of 
burglary  and  sentenced  to  the  Milwaukee  county  house  of  correc- 
tion for  the  term  of  six  months.  This  man  is  an  expert  workman 
at  laying  terrazzo  floors.  The  people  who  contracted  for  the 
building  of  the  southern  Wisconsin  home  at  Union  Grove  stated 
they  needed  him  badly  for  this  work  at  that  place  and  could  get 
no  one  else  to  do  this  work.  Pardon  acted  as  parole  in  order 
that  he  might  be  employed  by  these  people  and  earn  wages  to  sup- 
port his  family.  Conditional  pardon  granted  June  13,  1917,  the 
conditions  being  that  he  be  placed  under  supervision  of  the  board 
of  control  during  balance  of  sentence,  report  to  the  board  monthly, 
said  reports  to  be  verified  by  his  guardian,  refrain  from  intoxi- 
cating liquors  and  that  his  earnings  after  his  own  maintenance  is 
paid  be  given  to  his  family. 

Arthur  B.  McClave— Convicted  before  the  municipal  court  for 
Milwaukee  county,  on  the  sixteenth  day  of  May,  1917,  of  the 
crime  of  drunkenness  and  sentenced  to  the  Milwaukee  county 
house  of  correction  for  the  term  of  ninety  days.  His  wife  wished 
to  take  him  to  Arizona,  away  from  his  associates  and  influences 
and  the  pardon  was  granted  on  condition  that  he  accompany  her, 
that  he  totally  abstain  from  the  use  of  intoxicating  liquors  for 
the  balance  of  the  term  for  which  he  was  sentenced.  Conditional 
pardon  granted  July  18,  1917. 


SESSION  OF  1919  305 

Louis  Fiedler — Convicted  before  the  municipal  court  for  Mil- 
waukee county,  on  the  third  day  of  January,  1916,  of  the  crime 
of  abandonment  and  sentenced  to  the  Milwaukee  county  house  of 
correction  for  the  term  of  two  years.  Pardon  acts  as  a  parole 
and  is  granted  in  order  that  he  may  support  his  wife  and  five  chil- 
dren. Conditional  pardon  granted  August  7,  1917,  the  condi- 
tions being  that  he  abstain  absolutely  from  the  use  of  intoxicating 
liquor,  report  once  each  month  to  Judge  A.  C.  Backus  of  Milwau- 
kee upon  such  matters  and  in  such  manner  as  the  said  Judge 
Backus  may  require. 

Thomas  J.  McBarron— Convicted  before  the  municipal  court 
for  Milwaukee  county  on  the  twenty-third  day  of  September,  1916, 
of  the  crime  of  burglary  in  the  night-time  and  attempt  to  rape 
and  sentenced  to  the  Milwaukee  county  house  of  correction  for  the 
term  of  three  years.  Pardon  granted  in  order  that  he  might 
support  his  wife  and  two  children.  Conditional  pardon  granted 
September  1,  1917,  the  conditions  being  that  he  abstain  from  in- 
toxicating liquors  and  conduct  himself  as  a  law-abiding  citizen, 
report  twice  each  month  to  Father  Finnegan  of  Jesuit  church 
upon  such  matters  and  in  such  manner  as  Father  Finnegan  may 
require. 

Agnes  VietzJce — Convicted  before  the  municipal  court  for  Mil- 
waukee county,  on  the  twenty-ninth  day  of  May,  1917,  of  the 
crime  of  adultery  and  sentenced  to  the  Milwaukee  county  house 
of  correction  for  the  term  of  two  years.  Because  of  her  physi- 
cal condition  it  was  thought  best  by  all  concerned  that  she  be 
pardoned.  Conditional  pardon  granted  December  20,  1917,  the 
conditions  being  that  she  report  to  Probation  Officer  Theodore 
Puls  or  his  successor  every  sixty  days  during  the  balance  of  her 
term  upon  such  matters  as  he  may  require,  lead  a  moral  life  and 
conduct  herself  properly. 

Dominic  Zarconne — Convicted  before  the  municipal  court  for 
Milwaukee  county,  on  the  seventeenth  day  of  March,  1917,  of  the 
crime  of  burglary  and  sentenced  to  the  Milwaukee  county  house 
of  correction  for  the  term  of  two  and  one-half  years.  It  is  be- 
lieved that  he  has  been  sufficiently  punished.  Since  his  imprison- 
ment two  brothers  have  been  drafted  into  the  army,  leaving  a 
child  of  six  years  at  home.  His  parents  needed  his  support.  Con- 
ditional pardon  granted  January  third,  1918,  the  conditions  being 
that  he  find  employment,  keep  at  work  and  give  a  reasonable  part 


306  MESSAGES  TO  THE  LEGISLATURE 

of  his  earnings  to  his  parents,  conduct  himself  in  an  orderly  man- 
ner, keep  out  of  pool  halls  and  gambling  places,  report  to  the 
chief  of  police  of  Milwaukee  every  two  weeks  from  date  of  his 
release  giving  full  account  of  his  conduct. 

Walter  Fausz— Convicted  before  the  municipal  court  for  Mil- 
waukee on  the  fourth  day  of  September,  1917,  of  the  crime  of 
adultery  and  sentenced  to  the  Milwaukee  county  house  of  cor- 
rection for  the  term  of  one  year.  Eeconciliation  had  been  effected 
in  his  family.  He  had  served  one-half  of  his  sentence  and  it  was 
felt  that  the  ends  of  justice  would  be  best  served  by  granting  him 
a  conditional  pardon.  Conditional  pardon  granted  March  4, 
1918,  the  conditions  being  that  he  live  with  his  wife  and  support 
her  and  lead  a  moral  life. 

William  .Harris— Convicted  before  the  municipal  court  for  Mil- 
waukee county  on  the  ninth  day  of  May,  1917,  of  the  crime  of 
adultery  and  sentenced  to  the  Milwaukee  county  house  of  correc- 
tion for  the  term  of  two  years.  His  wife  was  willing  to  take  him 
back.  The  woman  convicted  with  him  had  been  pardoned  be- 
cause of  her  physical  condition  and  the  district  attorney  recom- 
mended that  Harris  be  released  as  the  law  should  be  the  same  for 
both.  Conditional  pardon  granted  May  18,  1918,  the  conditions 
being  that  he  does  not  again  have  any  illicit  relations  with  women, 
and  that  he  conduct  himself  as  a  law-abiding  citizen  and  take  care 
of  his  family  to  the  best  of  his  ability. 

Frank  Piotrowski — Convicted  before  the  municipal  court  for 
Milwaukee  county,  on  the  ninth  day  of  February,  1918,  of  the 
crime  of  adultery  and  sentenced  to  the  Milwaukee  county  house 
of  correction  for  the  term  of  six  months  or  to  pay  a  fine  of  two 
hundred  dollars  and  costs.  Man  previously  had  a  good  reputation. 
No  permanent  harm  resulted  as  far  as  family  relations  were  con- 
cerned. His  employer  made  application  for  pardon  and  the  dis- 
trict attorney  recommended  that  it  be  granted.  Conditional  par- 
don granted  June  11,  1918,  the  conditions  being  that  he  conduct 
himself  in  a  law-abiding  manner. 

Joseph  de  Stefano— Convicted  before  the  municipal  court  for 
Milwaukee  county,  on  the  twenty-eighth  day  of  March.  1918,  of 
the  crime  of  receiving  stolen  goods  and  sentenced  to  the  Mil- 
waukee countv  house  of  correction  for  the  term  of  one  year.  Un- 
der all  conditions  had  been  sufficiently  punished.  Conditional 
pardon  granted  July  11,  1918  to  take  effect  September  1st,  1918, 


SESSION  OF  1919  307 

the  condition  being  that  he  obey  the  law  in  all  respects  and  be  a 
law-abiding  citizen. 

Frank  Burgerino— Convicted  before  the  municipal  court  for 
Milwaukee  county,  on  the  twenty-eighth  day  of  March,  1918,  of 
the  crime  of  receiving  stolen  property  and  sentenced  to  the  Mil- 
waukee county  house  of  correction  for  the  term  of  one  year.  Under 
all  conditions  it  was  thought  that  he  had  been  sufficiently  punished. 
Conditional  pardon  granted  July  11,  1918  to  take  effect  September 
1st,  1918,  the  condition  being  that  he  obey  the  law  in  all  respects 
and  be  a  law-abiding  citizen. 

Fred  0.  Martin — Convicted  before  the  municipal  court  for  Mil- 
waukee county,  on  the  eleventh  day  of  February,  1918,  of  the 
crime  of  violating  his  probation  and  sentenced  to  the  Milwaukee 
county  house  of  correction  for  the  term  of  one  year.  It  was 
thought  that  he  had  been  sufficiently  punished.  His.  family 
needed  him  badly.  Conditional  pardon  granted  July  11,  1918, 
the  conditions  being  that  he  pay  within  seven  months  the  amounts 
required  by  the  court  to  be  paid  at  the  time  he  was  placed  on  pro- 
bation. 

Samuel  Terzis—  Convicted  before  the  municipal  court  for  Mil- 
waukee county,  on  the  sixteenth  day  of  April,  1918,  of  the  crime 
of  rape  and  sentenced  to  the  Milwaukee  county  house  of  correc- 
tion for  the  term  of  one  year.  It  was  shown  that  the  girl  in  the 
case  was  as  much  to  blame,  it  further  appeared  that  the  companion 
who  led  him  into  the  trouble  and  was  equally  guilty  was  let  off 
on  the  payment  of  a  fine.  Conditional  pardon  granted  October 
1,  1918,  the  conditions  being  that  he  conduct  himself  properly 
and  as  a  law-abiding  citizen  and  lead  a  moral  life,  and  that  he  re- 
port to  inspector  W.  H.  Momsen  of  the  house  of  correction  every 
two  weeks  giving  a  full  account  of  his  conduct,  his  whereabouts 
and  employment  for  the  balance  of  his  term. 

COMMUTATIONS  OF  SENTENCE  FROM  THE  WISCONSIN  STATE 

PRISON 

John  Lester—  Convicted  before  the  circuit  court  for  Marinette 
county,  on  the  eighth  day  of  May,  1914,  of  the  crime  of  assault 
with  intent  to  kill  and  murder  and  sentenced  to  the  state  prison 
at  Waupun  for  the  term  of  eight  years.  His  splendid  conduct 
has  entitled  him  to  consideration,  has  been  at  honor  camp  for 


308  MESSAGES  TO  THE  LEGISLATURE 

about  one  and  one-half  years,  has  done  splendid  work.  He  has 
a  wife  and  children  who  need  his  support.  Sentence  was  com- 
muted to  six  years,  April  5,  1917. 

Frank  Chinnock — Convicted  before  the  circuit  court  for  Pierce 
county,  on  the  thirteenth  day  of  December,  1916,  of  the  crime  of 
chicken  stealing  and  sentenced  to  the  Wisconsin  state  prison  at 
Waupun  for  the  term  of  nine  months.  Sentence  was  excessive. 
To  give  him  an  opportunity  to  go  home  and  raise  a  crop  sentence 
was  commuted  to  six  months  April  18,  1917. 

Arthur  Deahy — Convicted  before  the  circuit  court  for  Monroe 
county,  on  the  thirty- first  day  of  March,  1915,  of  the  crime  of  man- 
slaughter in  the  first  degree  and  sentenced  to  the  stats  prison  at 
Waupun  for  the  term  of  five  years.  Crime  was  not  committed 
intentionally  and  the  sentence  imposed  was  excessive.  In  order 
that  he  might  be  eligible  to  apply  for  a  parole  sentence  was  com- 
muted to  three  years  on  February  15,  1917. 

Fred  Olson— Convicted  before  the  municipal  court  for  Brown 
county  on  the  twenty-sixth  day  of  October,  1915,  of  the  crime  of 
arson  and  sentenced  to  the  state  prison  at  Waupun  for  the  term 
of  five  years.  Prisoner  has  been  offered  a  position  with  his 
brother-in-law  at  Channing,  Michigan,  and  sentence  was  com- 
muted to  four  years  on  February  15,  1917,  in  order  that  he  might 
be  eligible  to  apply  for  a  parole. 

Fred  A.  Shaw,  Jr. — Convicted  before  the  superior  court  ft>r 
Douglas  county,  on  the  thirtieth  of  January,  1915,  of  the  crime 
of  forgery  and  sentenced  to  the  Wisconsin  state  prison  for  the 
term  of  five  years.  Judge  and  district  attorney  consider  sentence 
excessive  and  recommend  commutation.  Sentence  commuted  to 
three  years  February  15,  1917. 

Robert  Jersch — Convicted  before  the  municipal  court  for  Mil- 
waukee county  on  the  fifth  day  of  December,  1908,  of  the  crime 
of  murder  in  the  second  degree  and  sentenced  to  the  state  prison 
at  Waupun  for  the  term  of  twenty-five  years.  On  March  15, 
1917,  sentence  was  cummuted  to  twenty  years  to  enable  him  to 
get  a  position  and  support  his  family.  If  he  were  compelled  to 
serve  his  full  sentence  he  would  be  too  old. 

Abner  G.  Schuette— Convicted  before  the  circuit  court  for  Mara- 
thon county,  on  the  thirtieth  day  of  December,  1915,  of  the  crime 
of  burglary  and  sentenced  to  the  Wisconsin  state  prison  for  the 
term  of  five  years.  On  the  recommendation  of  the  judge  who 


SESSION  or  1919  309 

sentenced  him  and  who  knew  all  the  circumstances  connected  with 
the  case,  sentence  commuted  to  three  years  on  March  15,  1917. 

Robert  E.  Johnson — Convicted  before  the  municipal  court  of 
Langlade  county,  on  the  thirteenth  day  of  April,  1917,  of  the  crime 
of  burglary  and  sentenced  to  the  Wisconsin  state  prison  for  the 
term  of  two  years.  Nearly  all  the  stolen  goods  were  returned. 
Johnson's  wife  is  crippled  and  needed  his  earnings  to  support  their 
child.  To  permit  parole  sentence  was  commuted  to  one  year  on 
May  8,  1917. 

Sam  Dunato — Convicted  before  the  circuit  court  for  Racine 
county,  on  the  seventh  day  of  July,  1913,  of  the  crime  of  murder 
in  the  second  degree  and  sentenced  to  the  Wisconsin  state  prison 
for  the  term  of  twenty  years.  There  is  a  question  as  to  whether 
this  man  was  guilty  of  murder  in  the  second  degree  and  there- 
fore a  commutation  of  sentence  to  fifteen  years  was  granted  on 
May  10,  1917. 

Leander  Bruno — Convicted  before  the  circuit  court  for  Clark 
county,  on  the  eleventh  day  of  December,  1916,  of  the  crime  of 
assault  with  intent  to  do  great  bodily  harm  and  sentenced  to  the 
Wisconsin  state  prison  for  the  term  of  fifteen  months.  The  diffi- 
culty grew  out  of  a  charivari.  The  defendant  and  the  people  en- 
gaged in  the  charivari  seemed  to  be  equally  at  fault.  No  one  was 
seriously  injured  and  thirty  days  in  the  county  jail  was  sufficient 
punishment.  The  sentence  was  commuted  to  thirty  days  in  the 
county  jail  on  June  15,  1917. 

Alfred  Gonia — Convicted  before  the  circuit  court  for  Wood 
county,  on  the  fourteenth  day  of  August,  1915,  of  the  crime  of 
burglary  and  sentenced  to  the  Wisconsin  state  prison  for  the  term 
of  six  years.  At  the  request  of  Warden  Town  commutation  of 
sentence  to  five  years  was  granted  on  August  6,  1917,  as  a  reward. 
Gonia  assisted  an  officer  in  a  shop  at  the  prison  who  was  attacked 
by  one  of  the  other  prisoners  with  a  pair  of  shears.  Gonia  pre- 
vented any  serious  damage  being  done. 

John  Radej—  Convicted  before  the  circuit  court  for  Manitowoc 
county,  on  the  third  day  of  July,  1912,  of  the  crime  of  murder  in 
the  second  degree  and  sentenced  to  the  Wisconsin  state  prison  for 
the  term  of  eighteen  years.  On  August  17,  1917,  sentence  was 
commuted  to  fifteen  years  for  the  reason  that  under  the  circum- 
stances the  sentence  was  considered  too  severe. 

Henry  Bracker — Convicted  before  the  circuit  court  for  Walworth 


310  MESSAGES  TO  THE  LEGISLATURE 

county,  on  the  twenty-ninth  day  of  December,  1906,  of  the  crime 
of  rape  and  sentenced  to  the  Wisconsin  state  prison  for  the  term 
of  twenty-five  years.  From  statements  made  by  judge  and  dis- 
trict attorney  it  appears  there  is  grave  doubt  whether  applicant  is 
guilty  of  offense  to  which  he  pleaded  guilty.  It  appeared  there 
was  little  or  no  probability  that  he  would  ever  commit  another 
offense  and  sentence  was  commuted  to  twenty  years  on  November 
14,  1917,  to  permit  parole. 

Joseph  Geischar — Convicted  before  the  municipal  court  for  Mil- 
waukee county,  on  the  twenty-ninth  day  of  November,  1902,  of  the 
crime  of  rape  and  sentenced  to  the  Wisconsin  state  prison  for  the 
term  of  thirty-five  years.  On  November  14,  1917,  sentence  was 
commuted  to  thirty  years  to  make  him  eligible  to  parole  so  that 
he  might  return  to  his  family.  He  had  made  a  good  record  in 
prison.  The  health  of  the  prisoner  was  failing  and  it  was  thought 
best  to  release  him  from  prison. 

Har.ry  Berger — Convicted  before  the  circuit  court  for  Kock 
county,  on  the  twenty-fifth  day  of  November,  1912,  of  the  crime 
of  murder  in  the  third  degree  and  rape  and  sentenced  to  the  Wis- 
consin state  prison  for  the  term  of  eighteen  years.  Sentence  com- 
muted to  ten  years  on  November  14,  1917,  to  permit  parole  so 
that  he  might  return,  to  active  life  while  able  to  do  work.  He  was 
an  industrious  man  and  had  been  raised  in  good  surroundings. 
The  crime  was  committed  while  intoxicated. 

Edward  Meyer — Convicted  before  the  circuit  court  for  Eock 
county,  on  the  twenty-fifth  day  of  November,  1912,  of  the  crime 
of  murder  in  the  third  degree  and  rape  and  sentenced  to  the  Wis- 
consin state  prison  for  the  term  of  eighteen  years.  Sentence  com- 
muted to  ten  years  on  November  14,  1917,  to  permit  parole  so  that 
he  might  return  to  active  life  while  able  to  work.  Many  influential 
citizens  of  Janesville  recommended  clemency. 

Nora,  A.  Weir — Convicted  before  the  municipal  court  for  Mil- 
waukee county,  on  the  eighteenth  day  of  September,  1916,  of  the 
crime  of  forgery  and  sentenced  to  the  Wisconsin  state  prison  for 
the  term  of  two  years.  Commutation  of  sentence  to  one  year  and 
ten  months  was  recommended  by  Warden  Town  and  granted  on 
March  8,  1918,  to  permit  her  to  be  released  in  order  that  she  could 
attend  the  exercises  at  college  when  her  brother,  whom  she  had 
financed  while  attending,  graduated. 

George  Kartoes — Convicted  before  the  municipal  court  for  Mil- 


SESSION  OF  1919  311 

waukee  county,  on  the  sixth  day  of  May,  1916,  of  the  crime  of 
assault  with  intent  to  kill  and  murder  and  sentenced  to  the  Wis- 
consin state  prison  for  the  term  of  eight  years.  Kartoes  was  not 
a  criminal  at  heart.  It  was  a  trying  situation  and  he  was  provoked 
into  committing  the  act.  On  recommendation  of  the  judge  and 
district  attorney  sentence  was  commuted  to  four  years  on  June 
13,  1918. 

Edward  Avery — Convicted  before  the  municipal  court  for  Mil- 
waukee county,  on  the  fifth  day  of  August,  1910,  of  the  crime  of 
rape  and  sentenced  to  the  Wisconsin  state  prison  for  the  term  of 
thirty  years.  Sentence  to  twenty  years  on  July  11,  1918,  for  the 
reason  that  if  he  served  the  full  time  he  would  have  reached  an 
age  at  which  it  would  be  impossible  for  him  to  maintain  himself 
when  released. 

James  C.  Croft — Convicted  before  the  circuit  court  for  Dane 
county  on  the  second  day  of  December,  1912,  of  the  crime  of  mur- 
der in  the  first  degree  and  sentenced  to  the  Wisconsin  state  prison 
for  the  term  of  his  life.  It  is  believed  that  while  Croft  intended 
to  commit  robbery  he  did  not  intend  to  kill.  The  actual  killing 
was  done  by  a  third  person.  Sentence  was  commuted  to  fourteen 
years  on  July  11,  1918,  as  this  was  thought  to  be  sufficient  punish- 
ment for  the  crime  he  really  committed. 

Edward  Olson — Convicted  before  the  circuit  court  for  Dane 
county  on  the  second  day  of  December,  1912,  of  the  crime  of  mur- 
der in  the  first  degree  and  sentenced  to  the  Wisconsin  state  prison 
for  the  term  of  his  life.  This  party  was  associated  with  Croft 
and,  as  in  the  case  of  Croft,  did  not  commit  the  murder.  He  did 
intend  to  commit  robbery  and  the  sentence  is  commuted  to  four- 
teen years,  which  is  considered  to  be  a  sufficient  length  of  time  to 
serve  for  that  crime.  Commutation  granted  on  July  11,  1918. 

Oscar  Powers — Convicted  before  the  municipal  court  for  Mil- 
waukee county,  on  the  twenty-second  day  of  June,  1917,  of  the 
crime  of  manslaughter  in  the  first  degree  and  sentenced  to  the 
Wisconsin  state  prison  for  the  term  of  eight  years.  Under  the  evi- 
dence the  jury  might  have  found  him  guilty  of  manslaughter  in 
the  fourth  degree,  the  maximum  sentence  for  which  is  two  years. 
On  the  recommendation  of  the  district  attorney  sentence  commuted 
to  two  years  on  July  11,  1918. 

Elmer  M cDonald—  Convicted  before  the  municipal  court  for  Mil- 
waukee county,  on  the  thirtieth  day  of  November,  1916,  of  the 


312  MESSAGES  TO  THE  LEGISLATURE 

crime  of  burglary  and  sentenced  to  the  Wisconsin  state  prison  for 
the  term  of  twelve  years.  On  the  strength  of  the  report  of  the  case 
made  by  the  assistant  district  attorney,  who  is  well  acquainted  with 
all  the  facts,  sentence  commuted  to  six  years  on  October  1,  1918. 

Bernard  Garrigan — Convicted  before  the  municipal  court  for 
Milwaukee  county,  on  the  nineteenth  day  of  March,  1915,  of  the 
crime  of  burglary  and  sentenced  to  the  Wisconsin  state  prison  for 
the  term  of  eight  years.  Tinder  the  circumstances  the  sentence 
was  too  severe  and  a  commutation  to  seven  years  was  granted  on 
October  1,  1918. 

John  Loring — Convicted  before  the  municipal  court  for  Brown 
county,  on  the  thirteenth  day  of  February,  1915,  of  the  crime  of 
burglary  and  sentenced  to  the  Wisconsin  state  prison  for  the  term 
of  ten  years.  Because  of  the  fact  that  his  aged  mother  is  in  need 
sentence  commuted  to  nine  years  October  1,  1918. 

Peter  Rosa — Convicted  before  the  circuit  court  for  Iron  county, 
on  the  sixth  day  of  November,  1905,  of  the  crime  of  murder  in 
the  first  degree  and  sentenced  to  the  Wisconsin  state  prison  for 
life.  District  attorney  recommended  clemency.  Sentence  con- 
sidered excessive  in  view  of  all  the  circumstances.  He  has  been 
a  good  prisoner,  conducting  himself  in  a  proper  and  orderly  man- 
ner and  has  acquired  habits  of  industry.  Commutation  of  sentence 
to  twenty-five  years  granted  December  6,  1918. 

A.  N.  Savee — Convicted  before  the  county  court  for  Wai  worth 
county,  on  the  seventh  day  of  February,  1918,  of  the  crime  of  em- 
bezzlement and  sentenced  to  the  Wisconsin  state  prison  for  the 
term  of  five  years.  His  wife  and  children  are  in  destitute  circum- 
stances. He  is  not  a  vicious  man  and  did  not  intentionally  com- 
mit crime.  He  has  two  or  three  brothers  in  the  army  and  his  peo- 
ple have  suffered  considerable  because  of  his  conviction.  Commu- 
tation of  sentence  to  three  years  granted  December  28,  1918. 

William  Hatch — Convicted  before  the  circuit  court  for  Brown 
county,  on  the  sixth  day  of  March,  1914,  of  the  crime  of  murder 
in  the  second  degree  and  sentenced  to  the  Wisconsin  state  prison 
for  the  term  of  twenty  years.  He  was  under  the  influence  of 
liquor  when  the  crime  was  committed  and  consequently  not  re- 
sponsible. Judge  who  sentenced  him  recommended  leniency  and 
sentence  was  commuted  to  fifteen  years  on  December  28,  1918. 

Charles  Tilge — Convicted  before  the  circuit  court  for  Marathon 
county,  on  the  twelfth  day  of  January,  1916,  of  the  crime  of  rape 


SESSION  OF  1919 

and  sentenced  to  the  Wisconsin  state  prison  for  the  term  of  ten 
years.  Upon  the  representations  of  the  judge  and  the  family  of 
the  girl  injured  and  upon  the  statement  of  the  attorney  who  pre- 
sented the  application  that  he  would  find  a  place  for  Tilge,  sentence 
was  commuted  to  five  years  on  December  28,,  1918. 

COMMUTATIONS  OF   SENTENCE  FROM  THE  MILWAUKEE   COUNTY 
HOUSE  OF  CORRECTION 

Gerhard  Aussem— Convicted  before  the  municipal  court  for  Mil- 
waukee county,  on  the  twentieth  day  of  January,  1917,  of  the  crime 
of  obtaining  money  under  false  pretenses  and  sentenced  to  the  Mil- 
waukee county  house  of  correction  for  the  term  of  eighteen  months. 
Commutation  granted  to  six  months  on  April  5,  1917,  with  the 
understanding  that  complete  restitution  be  made  to  the  defrauded 
parties.  Commutation  to  be  delivered  by  the  district  attorney  of 
Milwaukee  county  after  restitution  is  made. 

John  Travis — Convicted  before  the  municipal  court  for  Mil- 
waukee county,  on  the  seventh  day  of  February,  1917,  of  the  crime 
of  endeavoring  to  procure  person  to  commit  perjury  and  sentenced 
to  the  Milwaukee  county  house. of  correction  for  the  term  of  one 
year  and  six  months.  Commutation  of  sentence  to  one  year 
granted  on  July  13,  1917,  for  the  reason  that  his  family  need  the 
support  of  Travis. 

John  F.  Fowler — Convicted  before  the  municipal  court  for  Mil- 
waukee county,  on  the  sixteenth  day  of  January,  1918,  of  the  crime 
of  embezzlement  and  sentenced  to  the  Milwaukee  county  house  of 
correction  for  the  term  of  one  year.  His  wife  and  child  were  with- 
out means  of  support.  It  was  thought  that  the  ends  of  justice 
would  be  best  served  by  allowing  the  prisoner  his  freedom  when  he 
had  served  one-half  his  term.  Commutation  of  sentence  to  six 
months  granted  on  March  13,  1918. 

Robert  Henry — Convicted  before  the  municipal  court  of  Mil- 
waukee county,  on  the  fifth  day  of  May,  1918,  of  the  crime  of 
larceny  and  sentenced  to  the  Milwaukee  county  house  of  correc- 
tion for  the  term  of  two  years.  Commutation  of  sentence  to  fifteen 
months  granted  December  7,  1918,  for  the  reason  that  the  Federal 
Rubber  company,  the  complainant  in  this  case,  and  the  district 
attorney  who  prosecuted  him  recommended  clemency. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

January  9,  1919.  Governor. 


314  MESSAGES  TO  THE  LEGISLATURE 

To  the  Honorable?  The  Senate: 

Pursuant  to  the  statute  governing,  I  hereby  nominate  and,  by 
and  with  the  advice  and  consent  of  the  Senate,  appoint: 

Honorable  M.  C.  Mead,  of  Plymouth,  Wisconsin,  to  be  a  member 
of  the  State  Board  of  Education,  for  the  term  ending  August  1, 
1923,  to  succeed  Claire  B.  Bird,  resigned. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 
January  15,  1919.  Governor. 

To  the  Honorable,  The  Senate: 

I  respectfully  request  that  your  Honorable  Body  return  the 
nomination  of  the  Honorable  M.  C.  Mead,  of  Plymouth,  Wiscon- 
sin, as  a  member  of  the  State  Board  of  Education,  transmitted  to 
you  on  January  15,  1919,  and  that  you  do  not  further  consider 
the  question  of  his  confirmation. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 
January  22,  1919.  Governor. 


To  the  Honorable,  The  Senate: 

A  vacancy  having  occurred  in  the  office  of  Commissioner  of 
Banking  by  the  expiration  of  the  term  of  A.  E.  Kuolt,  I  did, 
pursuant  to  the  statutes  governing,  on  4th  day  of  December,  1918, 
the  legislature  not  then  being  in  session,  appoint  Marshall  Cousins, 
of  Eau  Claire,  to  fill  such  vacancy  for  the  term  ending  on  the  15th 
day  of  May,  1923,  subject  to  confirmation  by  the  Senate. 
Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Dated  January  24,  1919.  Governor. 


To  the  Honorable,  The  Senate: 

A  vacancy  having  occurred  in  the  membership  of  the  State 
Board  of  Control  of  Wisconsin  by  the  expiration  of  the  term  of 
W.  H.  (rraebner,  I  did,  pursuant  to  the  statutes  governing,  on  the 
12th  day  of  April,  1918,  the  Legislature  not  then  being  in  session, 
re-appoint  W.  H.  Graebner,  of  Milwaukee,  for  the  term  ending 
on  the  first  Monday  in  April,  1923,  subject  to  confirmation  by 
the  Senate.  Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Dated^  January  28,  1919.  Governor. 


SESSION  OF  1919  315 

To  the  Honorable,  The  Senate: 

Pursuant  to  the  statute  governing  I  hereby  nominate  and,  by 
and  with'  the  advice  and  consent  of  the  Senate,  appoint 

Dr.  Edward  S.  Hayes,  of  Eau  Claire,  Wisconsin,  to  be  a  member 
of  the  State  Board  of  Health  and  Vital  Statistics,  for  the  term 
ending  on  the  first  Monday  in  February,  1926. 
Respectfully  submitted, 

DMANUEL  L.  PHILIPP, 
Dated,  January  28,  1919.  Governor. 

To  the  Honorable,  The  Senate: 

A  vacancy  having  occurred  in  the  membership  of  the  State 
Board  of  Health  and  Vital  Statistics  by  the  expiration  of  the 
term  of  Dr.  W.  F.  Whyte,  1  did,  pursuant  to  the  statutes  govern- 
ing, on  the  second  day  of  February,  1918,  the  Legislature  not 
then  being  in  session,  re-appoint  Dr.  W.  F.  Whyte,  of  Watertown, 
for  the  term  ending  on  the  first  Monday  in  February,  1925,  subject 
to  confirmation  by  the  Senate. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Dated,  January  28,  1919.  Governor. 


To  the  Honorable,  The  Senate: 

Pursuant  to  the  statute  governing  I  hereby  nominate  and,  by 
and  with  the  advice  and  consent  of  the  Senate,  appoint 

George  J.  Weigle,  of  Milwaukee,  Wisconsin,  to  be  Dairy  and 
Food  Commissioner,  for  the  term  ending  on  the  first  Monday  in 
February,  1921. 

Respectfully  submitted, 

BMANUEL  L.  PHILIPP, 
Dated,  January  28,  1919.  Governor. 


To  the  Honorable,  The  Senate: 

Pursuant  to  the  statute  governing  I  hereby  nominate  and,  by 
and  with  the  advice  and  consent  of  the  Senate,  appoint 

W.  E.  Barber,  of  La  frosse,  Wisconsin,  to  be  a  member  of  the 
State  Conservation  Commission  of  Wisconsin,  for  the  term  end- 
ing on  the  first  Monday  in  February,  1925. 
Respectfully  submitted, 

MMAtfUEL  L.  PHILIPP, 
Dated,  January  28,  1919.  Governor. 


'616  MESSAGES  TO  THE  LEGISLATURE 

To  the  Honorable,  The  Senate: 

Pursuant  to  the  statute  governing  I  hereby  nominate  and,  hy 
and  with  the  advice  and  consent  of  the  Senate,  appoint 

Christian  P.  Norgord,  of  Madison,  Wisconsin,  to  be  Commis- 
sioner of  Agriculture,  for  the  term  ending  on  the  first  Monday 
in  February,  1923. 

Respectfully  submitted, 

BMANUEL  L.  PHILIPP, 

Governor. 
Dated,  January  28,  1919. 


To  the  Honorable,  The  Senate: 

Pursuant  to  the  statute  governing  I  hereby  nominate  and,  by 
and  with  the  advice  and  consent  of  the  Senate,  appoint 

F.  S.  Sensenbrenner,  of  Neenah,  Wisconsin,  to  be  a  member 
of  the  State  Board  of  Education  for  the  term  ending  August  1, 
1923.  '  I 

Respectfully  submitted, 

BMANUEL  L.  PHILIPP, 

Governor. 
Dated,  January  28,  1919. 


To  the  Honorable,  The  Senate: 

Pursuant  to  the  statute  governing  I  hereby  nominate  and,  by 
and  with  the  advice  and  consent  of  the  Senate,  appoint 

W.  R.  Graves,  of  Prairie  du  Chien,  to  be  a  member  of  the  State 
Board  of  Education  for  the  term  ending  August  1,  1922,  to  succeed 
Frank  P.  Hixon,  resigned. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 
Dated,  January  28,  1919. 


To  the  Honorable,  The  Senate: 

Pursuant  to  the  statute  governing,  I  hereby  nominate,  and,  by 
and  with  the  advice  and  consent  of  the  Senate,  appoint 

R.  J.  White,  of  Milwaukee,  Wisconsin,  to  be  a  member  of  the 
State  Fair  Advisory  Board  of  the  Department  of  Agriculture,  for 
the  term  ending  on  the  first  Monday  in  February,  1923; 

0.  H.  Kjorstad,  of  Nobleton,  Wisconsin,  to  be  a  member  of  the 


SESSION  OF  1919  317 

State   Fair  Advisory   Board   of   the   Department   of   Agriculture, 
for  the  term  ending  on  the  first  Monday  in  February,  1923; 

Edward  J.  Roethe,  of  Fennimore,  Wisconsin,  to  be  a  member 
of  the  State  Fair  Advisory  Board  of  the  Department  of  Agricul- 
ture, for  the  term  ending  on  the  first  Monday  in  February,  1923; 

Thomas  Saxe,  of  Milwaukee,  Wisconsin,  to  be  a  member  of  the 
State  Fair  Advisory  Board  of  the  Department  of  Agriculture,  for 
the  term  ending  on  the  first  Monday  in  February,  1923. 
Respectfully  submitted, 

EMANTTEL  L.  PHILIPP, 

Governor. 
Dated,  January  28,  1919. 


To  the  Honorable,  The  Senate: 

Pursuant  to  the  statute  governing,  I  hereby  nominate  and,  by 
and  with  the  advice  and  consent  of  the  Senate,  appoint 

George  B.  Hudnall,  of  Milwaukee,  Wisconsin,  to  be  a  member 
of  the  State  Board  of  Public  Affairs,  for  the  term  ending  Febru- 
ary 1,  1921. 

L.  Albert  Karel,  of  Milwaukee,  Wisconsin,  to  be  a  member  of 
the  State  Board  of  Public  Affairs,  for  the  term  ending  February 
J,  1921. 

George  A.  West,  of  Milwaukee,  Wisconsin,  to  be  a  member  of 
the  State  Board  of  Public  Affairs,  for  the  term  ending  February 
1,  1921. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 

Dated,  January  28,  1919. 


To  the  Honorable,  The  Senate: 

Vacancies  having  occurred  in  the  membership  of  the  State  Fair 
Advisory  Board  of  the  Department  of  Agriculture  by  the  expiration 
of  the  terms  of  Frank  Johnson,  B.  F.  Wilson,  L.  I.  Roe  and 
Robert  McDowell,  I  did,  pursuant  to  the  statutes  governing,  on 
the  twenty-first  day  of  February,  1918,  the  Legislature  not  then 
being  in  session,  re-appoint  the  following  men,  subject  to  con- 
firmation by  the  Senate: 

Frank  Johnson,  of  Darien,  Wisconsin,  for  the  term  ending  on 
the  first  Monday  in  February,  1922; 


31-8  MESSAGES  TO  THE  LEGISLATURE 

B.  F.  Wilson,  of  Wausau,  Wisconsin,  for  the  term  ending  on  the 
first  Monday  in  February,  1922; 

L.  I.  Roe,  of  Stanley,  Wisconsin,  for  the  term  ending  on  the 
first  Monday  in  February,  1922. 

Robert  McDowell,  of  Oconto,  Wisconsin,  for  the  term  ending  on 
the  first  Monday  in  February,  1922. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 
Dated,  January  28,  1919. 


To  the  Honorable,  The  Legislature: 

This  is  to  formally  notify  you  that  pursuant  to  the  statute  gov- 
erning, I  have  this  day  appointed  the  following  members  of  the 
Senate  and  Assembly  to  constitute  the  Visiting  Committee: 
From  the  Senate: 

Eugene  F.  Clark,  of  Galesville, 
Al.  C.  Anderson,  of  Menomonie, 
From  the  Assembly: 

Byron  W.  Whittingham,  of  Arpin, 
Delbert  Miller,  of  West  Allis, 
J.  L.  Grindel,  of  Platteville, 
P.  M.  Anderson,  of  Somers. 

The  commissions  of  the  members  of  this  Committee  have  been 
transmitted  to  the  Sergeant-at-Arms  of  the  Senate  and  Assembly. 
Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 
Dated,  January  30,  1919. 


To  th#  Honorable,  The  Senate: 

Pursuant  to  the  statute  governing,  I  hereby  nominate  and,  by 
and  with  the  advice  and  consent  of  the  Senate,  appoint 

Carl  D.  Jackson,  of  Oshkosh,  Wisconsin,  to  be  a  member  of 
the  Railroad  Commission  of  Wisconsin  for  the  term  ending  on 
the  first  Monday  in  February,  1925. 

Respectfully  submitted, 

EMANTTEL  L.  PHILIPP, 

Governor. 
Dated,  March  4,  1919. 


SESSION  OF  1919  319 

To  the  Honorable,  TJie  Senate: 

Bill  No.  93,  S.  "An  act  to  amend  section  16  of  chapter  459  of 
the  laws  of  1907,  as  amended  by  chapter  369,  laws  of  1909,  as 
amended  by  chapter  97,  laws  of  1911,  as  amended  by  chapter  614, 
laws  of  1&17,  as  amended  by  chapter  5,  laws  of  1918,  relating 
to  school  boards  and  common  and  high  schools  in  cities  of  the 
first  class,"  has  been  approved,  signed  and  deposited  in  the  office 
of  the  Secretary  of  State  with  the  following  memorandum  attached: 

This  bill  amends  an  act  relating  to  school  boards  in  cities  of 
the  first  class.  By  subsection  3  of  Section  1  of  the  bill  it  is 
provided  that  "The  said  board  of  school  directors  shall,  by  resolu- 
tion to  take  effect  not  later  than  January  1,  1920,  determine  and 
fix  a  minimum  salary  for  all  teachers." 

Subsection  9  of  section  31  of  Article  IV  of  the  Constitution 
provides  that  the  Legislature  is  prohibited  from  enacting  any 
private  or  special  law  amending  the  charter  of  any  city,  town 
or  village. 

At  the  present  time  there  is  but  one  city  (Milwaukee)  of  the 
first  class,  i.  e.  having  a  population  of  one  hundred  fifty  thousand 
or  over,  in  the  state.  Section  925 — 1  of  the  statutes  divides  the 
cities  of  the  state  into  classes  according  to  population  and  provides 
that  "The  population,  as  affecting  the  class  to  which  any  city  shall 
belong,  shall  be  determined  by  the  last  national  or  state  census/' 
There  can  be  no  state  or  national  census  prior  to  January  1,  1920, 
the  date  upon  which,  under  the  provisions  of  this  bill,  the  board 
of  school  directors  shall  determine  and  fix  the  minimum  salary  for 
teachers.  Therefore  Milwaukee  is  the  only  city  to  which  subsection 
3  of  section  1  can  ever  possibly  apply. 

Subsection  3  of  section  1  of  this  act  is  probably  special  legisla- 
tion amending  the  charter  of  the  city  of  Milwaukee  and  within 
the  condemnation  of  the  Supreme  Court  in  the  case  of  Burnham 
vs.  City  of  Milwaukee,  98  Wis.  128. 

I  would  therefore  suggest  that  the  Legislature  immediately  pass 
an  act  amending  subsection  3  of  section  1  of  the  bill  by  striking 
out  the  words  "by  resolution  to  take  effect  not  later  than  January 
1,  1920,"  and  inserting  in  lieu  thereof  the  word  "annually"  and 
thereby  remove  any  question  of  its  unconstitutionality. 

EMANUEL  L.  PHILIPP, 

Governor. 

Dated  March  26,  1919. 


320  MESSAGES  TO  THE  LEGISLATURE 

To  the  Honorable,  The  Senate : 

I  herewith  return  Bill  Number  102,  S.  without  my  approval. 
The  evident  purpose  of  this  bill  is  to  exempt  the  sheriff  in  coun- 
ties having  a  population  of  two  hundred  thousand  or  more  for 
the  default  or  misconduct  in  office  of  his  jailers  and  deputies, 
except  where  such  jailer  or  deputy  acts  under  the  express  direc- 
tion of  the  sheriff,  and  to  provide  that  in  such  counties  each 
deputy  shall  give  a  bond  and  be  liable  thereon  for  every  default 
or  misconduct  in  office  in  the  same  manner  and  to  the  same  extent 
as  the  sheriff,  and  that  actions  may  be  prosecuted  against  the 
deputy  and  the  surety  on  his  bond  for  any  default  or  misconduct 
in  office. 

In  my  opinion  the  bill  does  not  carry  out  this  purpose  for  the 
reason  that  the  giving  of  a  bond  by  the  deputy  is  not  provided  for, 
at  least  is  not  made  mandatory.  The  following  language  of  the 
bill,  "The  preceding  section  shall  also  be  applicable  to  the  bond 
of  each  deputy"  was  evidently  inserted  for  the  purpose  of  making 
it  mandatory  upon  the  deputy  to  give  a  bond,  but  in  my  opinion 
it  does  not  accomplish  the  purpose  intended.  Section  701  provides 
that  the  sheriff  shall,  before  entering  upon  the  duties  of  his  office, 
execute  and  deposit  an  official  bond.  Section  720,  being  the  "pre- 
ceding section"  mentioned  in  the  bill,  provides  only  for  the  form 
of  the  bond.  Therefore  when  the  "preceding  section"  is  made 
applicable  to  the  bond  of  the  deputy,  it  is  only  applicable  to  the 
form  of  the  bond  and  does  not  make  it  mandatory  upon  the  deputy 
to  give  such  bond. 

If  the  sheriff  in  the  counties  designated  in  the  bill  is  to  be 
released  from  liability  for  the  default  or  misconduct  in  office  of 
his  jailer  and  deputies  except  for  acts  performed  under  the  express 
direction  of  the  sheriff,  the  statute  should  make  it  clearly  manda- 
tory upon  the  deputy  and  the  jailer  to  give  a  bond  not  only  in- 
demnifying the  sheriff  as  is  provided  by  Section  724,  but  also 
indemnifying  anyone  against  all  official  acts  of  said  jailer  and 
deputies. 

Dated,  Madison,  Wisconsin,  March  29,  1919. 

EMANUEL  L.  PHILIPP, 

Governor. 

To  the  Honorable,  The  Senate: 

Pursuant  to  the  statute  governing,  I  hereby  nominate  and,  by 
and  with  the  advice  and  consent  of  the  Senate,  appoint 


SESSION  OF  1919  321 

Carroll  Atwood,  of  Milwaukee,  Wisconsin,  to  be  a  member  of 
the  Tax  Commission,  for  the  term  ending  on  the  first  Monday  in 
May,  1927. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 
Dated  April  10,  1919.  Governor. 


To  the  Honorable,  The  Senate: 

Pursuant  to  the  statute  governing,  I  hereby  nominate  and,  by 
and  with  the  advice  and  consent  of  the  Senate,  appoint 

Platt  Whitman  of  Highland,  Wisconsin,  to  be  Commissioner  of 
Insurance  for  the  balance  of  the  unexpired  term  ending  on  June 
30,  1919,  vice  M.  J.  Cleary,  resigned. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 
Dated  April  10,  1919.  Governor. 


To  the  Honorable,  The  Assembly: 

I  herewith  return  Bill  No.  29,  A,  without  my  approval. 

Under  the  bill  the  Legislature  reserves  to  itself  the  right  to 
remove  any  appointive  state  officer  whether  subject  to  confirmation 
or  not,  and  irrespective  of  by  whom  appointed. 

Briefly  stated,  it  provides  for  a  legislative  recall  of  public  officers 
except  such  as  are  specifically  provided  for  by  the  constitution. 
The  statute  thus  far  has  provided  for  the  right  of  removal,  upon 
hearing,  of  public  officers  by  the  executive  for  certain  and  specific 
reasons,  all  of  which  were  calculated  to  protect  the  public  interest. 

This  bill  is  an  amendment  to  sections  13.23  and  13.24  which 
provide  for  an  interrogation  of  public  officers  by  either  or  both 
houses  of  the  Legislature,  and  under  the  statute  so  amended  the 
scope  of  the  hearing  may  be  said  to  be  in  a  degree  limited;  how- 
ever, each  member  of  the  Legislature  will  have  the  privilege  of 
voting  for  the  removal  of  public  officers  for  any  reason  that  is 
satisfactory  to  his  own  mind. 

Briefly  stated,  under  the  provisions  of  this  bill  it  will  be  within 
the  power  of  the  Legislature  to  remove  any  public  officer  whose 
office  comes  within  the  scope  of  this  bill  for  any  reason  whatso- 
ever whether  it  be  personal  or  political — in  fact,  the  removal  may 
be  brought  about  by  a  combination  of  small  groups  of  men  who 
oppose  the  incumbent  for  as  many  reasons  as  there  are  groups. 


322  MESSAGES  TO  THE  LEGISLATURE 

Since  1900  the  Legislature  has  created  a  number  of  commis- 
sions to  which  have  been  assigned  important  administrative  func- 
tions. The  history  of  the  legislation  which  created  them  is  not 
so  old  that  we  cannot  recall  the  circumstances  that  surrounded 
these  measures  and  the  promises  that  were  made  to  the  people 
at  the  time  they  were  created.  In  delegating  great  powers  to  these 
administrative  bodies  it  has  been  a  matter  of  deep  concern  to  the 
legislators  and  the  people  that  they  be  placed  out  of  the  reach  of 
political  influences. 

In  the  case  of  the  Railroad  Commission  the  proposition  to  elect 
the  commissioners  by  popular  vote  was  rejected  by  the  Legislature 
for  the  reason  that  the  effect  of  their  rulings  may  so  vitally  affect 
the  general  welfare  of  the  people  that  it  was  deemed  unwise  to 
select  its  members  by  popular  vote  because  it  was  generally 
believed  that  there  was  danger  that  special  interests  might,  with 
the  use  of  money  and  influence/ affect  elections. 

The  bill  in  question  may  accomplish  indirectly  what  the  Legis- 
lature and  the  people  sought  to  avoid  at  the  time  that  the  Kail- 
road  Commission  was  created.  If  it  is  within  the  power  of  the 
Legislature  to  remove  any  member  of  that  Commission  at  will 
without  provipg  unfitness  for  the  office,  we  will  then  have  pro- 
vided a  method  by  which  private  interests  that  may  have  a  griev- 
ance against  a  commissioner  because  he  has  refused  to  yield  to 
their  demands  may  bring  about  his  removal  by  entering  the  legis- 
lative campaigns  and,  with  the  use  of  money  and  influence,  send 
men  to  the  Legislature  committed  to  the  proposition  of  the  removal 
of  such  commissioner.  In  other  words,  we  will  expose  the  entire 
administrative  force  who  hold  their  office  by  reason  of  appointment 
to  political  influence,  and  no  commissioner  or  officer  will  be  safe 
in  his  position  unless  he  has  at  all  times  his  ear  to  the  ground  and 
is  willing  to  barter  the  public  interest  for  political  influence. 

In  my  judgment  the  legislative  recall  of  appointive  officers  is  a 
departure  from  the  forms  of  government  established  by  our  con- 
stitution, both  national  -and  state.  The  constitution  prescribes 
the  distribution  of  power  to  the  different  departments  of  govern- 
ment and  the  limitations  upon  the  officers  invested  with  the  author- 
ity in  each  department.  This  distribution  follows  the  natural 
and  logical  lines  of  the  distinction  between  the  different  kinds 
of  power — legislative,  executive  and  judicial.  To  each  branch  has 
been  assigned  certain  functions.  To  the  executive  is  given  the 


SESSION  OF  1919  323 

power,  and  upon  him  is  placed  the  responsibility,  for  the  execu- 
tion of  the  law.  The  responsibility  to  the  people  for  the  proper 
administration  of  the  laws  and  policies  laid  down  by  the  Legis- 
lature, and  which  are  carried  out  by  these  administrative  bodies, 
rests  if  not  directly  at  least  indirectly  upon  him,  and  I  think 
properly  so. 

Our  constitution  in  describing  the  governor's  duties  says  that 
he  "shall  take  care  that  the  laws  be  faithfully  executed."  If 
the  Legislature  will  assume  the  right  to  remove  public  officers, 
we  shall  then  have  a  divided  authority  and  a  divided  responsi- 
bility and  will  have  destroyed  the  systematic  process  of  govern- 
ment that  our  constitutions  provide. 

I  have  reasons  to  suggest  to  you  that  this  bill  may  be  uncon- 
stitutional. The  supreme  court  of  Missouri  has  held  that  a  pro- 
viso in  an  appropriation  bill  that  none  of  the  money  should  be 
available  or  paid  so  long  as  the  then  commissioner  remained  in 
office  was  unconstitutional  because  the  Legislature  could  not  say 
indirectly  who  should  be  appointed  to  or  removed  from  an  ap- 
pointive office. 

Another  feature  which  I  call  your  attention  to  is  the  fact  that 
this  bill  provides  that  a  public  officer  may  be  removed  by  a  joint 
resolution  of  the  two  houses.  I  look  upon  this  as  a  serious  in- 
firmity in  the  proposed  law.  I  believe  such  an  act  would  be 
within  the  field  of  legislation  which  requires  a  bill  which  will 
afford  the  executive  an  opportunity  to  approve  or  disapprove  it 
before  it  takes  effect.  The  Legislature  may  express  its  judgment 
by  joint  resolution  but  the  removal  of  an  officer  who  has  been 
appointed  by  the  governor,  by  and  with  the  advice  and  consent 
of  the  Senate,  seems  to  go  further  than  a  mere  expression  of 
judgment  on  any  subject  proper  to  be  dealt  with  by  a  mere  joint 
resolution. 

In  discussing  this  bill  I  should  not  fail  to  remind  you  of  the 
fact  that  the  principle  of  the  recall  was  submitted  to  a  vote  of 
the  people  in  the  form  of  a  constitutional  amendment  as  late  as 
1914  and  was  overwhelmingly  rejected.  Nothing  has  transpired 
since  then  that  may  cause  us  to  believe  that  there  is  any  radical 
change  in  public  sentiment  upon  that  question. 

The  objections  which  I  have  stated  forbid  me  to  give  this  bill 
my  approval.  However,  if  I  were  in  accord  with  its  provisions 
I  could  not  approve  of  it  because  of  the  conditions  that  have  been 


324  MESSAGES  TO  THE  LEGISLATURE 

prescribed  for  me  by  certain  senators.  It  has  been  openly  stated 
upon  the  floor  of  the  Senate  that  if  I  would  approve  this  bill 
my  appointment  of  Mr.  Carl  D.  Jackson  as  railroad  commissioner 
would  be  confirmed.  Consideration  of  his  confirmation  has  twice 
been  postponed  awaiting  my  action  upon  this  bill.  I  beg  to  state 
to  the  senators  who  have  attempted  to  impose  this  condition  upon 
me  that  I  submitted  the  appointment  of  Mr.  Jackson  for  con- 
firmation because  I  know  him  to  be  an  efficient  officer  who  has 
rendered  faithful  service  to  the  people  and  that  he  is,  therefore, 
entitled  to  confirmation.  That  question,  however,  must  stand  by 
itself  and  I  shall  not  permit  myself  to  be  coerced  into  the  approval 
of  this  or  any  other  bill  for  the  sake  of  securing  legislation  no 
matter  how  much  I  may  desire  it. 

Respectfully  submitted, 

BMANUEL  L.  PHILIPP, 

Governor. 
Dated  April  16,  1919. 


To  the  Honorable,  The  Legislature: 

At  the  last  regular  session  of  the  Legislature  a  bill  was  passed 
creating  the  State  Council  of  Defense  as  a  war  aid  organization. 
The  Council  has  been  in  existence  twenty-five  months  and  during 
the  period  of  the  war  rendered  a  valuable  service  to  our  state  and 
country.  There  has  been  some  discussion  in  the  press  of  the  cost 
of  carrying  on  this  organization,  and  it  has  been  suggested  that 
the  Legislature  should  be  advised  regarding  the  expenditures.  The 
following  is  a  statement  of  the  amounts  expended  and  to  whom 
paid.  It  will  be  observed  that  amounts  of  $100.00  and  less  are 
reported  in  a  lump  sum  to  accommodate  this  message: 

Name  and  for  what  amount 

Achtenburg,  Laura,  stenographer,  salary $       495.00 

Ballantine,  Rose,  file  clerk,  salary 437.67 

Barry,  Frances  L.,  stenographer,  salary 1,194.97 

Becker,  Joseph  A.,  labor  agent,  salary 413.06 

traveling  expenses    53.46 

Bickel,   Florence   S.,   woman's   committee,   traveling  ex- 
penses   112.62 

Birch,  Frank  V.,  publicity,  salary 337.51 

Black,  John  D.,  labor  bureau,  salary 213.13 

traveling  expenses    10.15 

Blied,  Mollie  M.,  stenographer,  salary 550.65 

Blomgren,  Emma,  stenographer,  salary 239.52 


SESSION  OF  1919  325 

Blumenfeld,  F.  D.,  accountant,  salary , 366.67 

traveling  expenses , 5.64 

Borden,  J.   B.,   secretary,   salary 1,633.31 

traveling  expenses   , ,  .  20.31 

Brockhausen,  Fred,  council  member,  per  diem,  .  , 355.00 

traveling    expenses     390.15 

Burd,  Henry  A.,  secretary,  salary,  ...,....,., 3,106.69 

traveling  expenses ,...,.,,...,..  105.76 

Cawood,  Minnie  T.,  file  clerk,  salary ,  .  .  ,  .  279.50 

Collins,  Rade  M.,  chief  clerk,  salary.  .,.....,,,,,...  592.97 

Converse,  Blair,   publicity,   salary ,  , 325.00 

Crane,  Nellie  M.,  stenographer,  salary. 1,595,00 

traveling  expenses 10.76 

Croty,  C.  W.,  marketing  agent,  salary.  ,.,..., .  555.00 

traveling    expenses     .,,,,,,.,.,...  278,75 

Crowley,   Irene,  stenographer,   salary.  .,,..,,.,.,..,..  420.00 

Damm,   Frances,   stenographer,    salary ....,,,.,  913.53 

Dennis,  A.  L.  P.,  secretary,  traveling  expenses,  ,,,....  1,76.26 

Doyle,  J.  E.,  field  organizer,  traveling  expenses.  ......  315.75 

Eldredge,  P.  C.,  council  memlber,  per  diem.  ..,.,,,.,,  255.00 

traveling  expenses ,  .  359,78 

Esser,  Margaret,  clerk,  salary 283.00 

Evans,  Dr.  J.  S.,  council  member,  traveling  expenses.  .  .  225.63 

Eisse.1,   Lyn,   clerk  salary 307.34 

Fitzgerald,   Minnie,   stenographer,  salary.  ............  166.94 

Gage,  Ruth  G.,  publicity,  /salary 171.77 

Gopdsitt,  L.  M.,  stenographer,  salary 187.50 

Hays,  Jeanette,  secretary  Milwaukee  nurses'  association, 

salary ,......,,,  300.00 

traveling  expenses    17.60 

Hicks,  J.  W.,  marketing  agent,  salary 388.56 

traveling  expenses    .  .  .  ,  , , 3.68 

Jones,  W.  P.,  marketing  agent,  salary 1,830.00 

traveling  expenses 882.66 

Kldder,  Harriet  L.,  file  clerk,  salary 259.45 

Law,   James  R.,   secretary  Non-War  Construction   Com- 
mittee salary    280.00 

Luedtke,   Irving,  stenographer,   salary 195.00 

Lyons,  Grace,  clerk  and  stenographer,  salary 587.57 

McCarthy,  Charles,  field  organizer,  traveling  expenses..  111.44 

Melville,  Andres  H.,  secretary,  salary 4,166.66 

traveling  expenses    ,  .  .  176.27 

Meyer,  L.  E.,  publicity,  salary 111.67 

Meyer  News  Service,  clipping  service 195.00 

Milwaukee  County  Nurses'  Assn.,  rental,  etc 188.07 

Moore,  Mrs.  L.  A.,  secretary  Milwaukee  Nurses'  Associa- 
tion,   salary    600.00 


326  MESSAGES  TO  THE  LEGISLATURE 

traveling  expenses   •  •  6.40 

Morgan,  Mary  P.,  council  member,  per  diem 1,590.00 

traveling  expenses   301.08 

Murray,  Reid  P.,  field  organizer,  traveling  expenses.  .  .  .  116.16 

Pixley,  R.  B.,  publicity  director,  salary 2,748.86 

traveling  expenses   104.34 

Printing  Board,  paper  and  printing 8,765.55 

Rasmussen,  N.  A.,  war  garden  director,  salary 295.00 

traveling    expenses     209.65 

Reese,  John  M.,  council  member;  per  diem 200.00 

traveling  expenses   149.12 

Ryan,  Helen,   typist,  salary 678.10 

Schein,  Cecile  L.,  stenographer,  salary 827.33 

Scheid,  Pearl,  stenographer,  salary , 175.00 

Smith,  Elva  L.,  stenographer,  salary 922.45 

Starr,  Ruth,  stenographer,  salary 100.00 

State  Dept.  of  Engineering,  services 132.64 

Supt.  of  Public  Property,  supplies  and    services 16,643.94 

Swenson,  Magnus,  council  member,  per  diem 155.00 

traveling  expenses   495.04 

Thompson,  Mrs.  E.  C.,  Asst.  secretary,  salary 1,100.00 

traveling    expenses     384.48 

Van  Scoy,  A.   T.,  council  member  per  diem 460.00 

traveling  expenses    708.47 

Waggoner,  Eva  M.,  stenographer,  salary 360.65 

Western  Newspaper  Union,  newspaper  plate 3,712.56 

Wheeler,  J.  R.,  council  member,  per  diem 295.00 

traveling    expenses 263.70 

Wildeman,  Anna,  stenographer,  salary 220.89 


$69,775.76 
Miscellaneous  payments,  less  than  $100.00  to  one  person        4,208.49 


Total  expenditures  of  State  Council  of  Defense $73,984.25 

It  should  be  borne  in  mind  that  Wisconsin  was  the  first  state 
in  the  Union  to  organize  a  Council  of  Defense,  and  it  may  be 
interesting  to  note  what  a  similar  service,  although  organized  at 
a  later  date,  has  cost  other  states.  In  order  that  you  may  have 
this  information  I  give  you  the  comparative  figures  as  they  have 
been  gathered  by  the  Secretary  of  our  own  Council: 

Missouri    $       69,000.00 

Wisconsin 69,495.00 

Colorado     71,500.00 

Indiana     82,685.00 

New   Hampshire    94,000.00 


SESSION  OF  1919  32? 

California 105,000  00 

Rhode    Island 150,000.00 

Illinois     165,000.00 

Ohio 179,000.00 

Connecticut 200,000  00 

West  Virginia    240,000.00 

New    Mexico     245,000.00 

Maryland     735,000.00 

Massachusetts    800,000.00 

Minnesota     800,000.00 

New  York    911,900.00 

Pennsylvania    1,750,000.00 

Michigan     2,600,000.00 

There  still  remains  some  work  for  the  Council  to  do.  The  cost 
of  the  organization  has  been  reduced  to  the  salary  of  a  secretary 
and  a  marketing  agent.  The  statement  of  expenditures  shows 
several  items  of  expense -for  a  marketing  agent  and  I  submit  the 
following  statement  as  the  result  of  this  activity: 

Total    sales    made    by    the    marketing    department    to 

March  31st,  1919 $210,694.00 

Lange  Canning  Company,  Eau  Claire,  Wis.,  80,000 

Ibs.  hand  picked  navy  beans  at  7y2c  per  Ib 5,800.00 

Jamison  Bros.,  Poynette,  Wis.,  8,250  Ibs.  screened 

navy  beans  at  6^0  per  Ib. .  . 536.25 

J.  P.  Hebert,  Chippewa  Falls,  Wis.,  180,000  Ibs.  Scotch 

peas  at  3%c  per  Ib 6,755.00 

Westfield  Farmers  Produce  Exchange,  Westfield,  Wis., 

600  bags  seed  potatoes  at  $1.20  per  bushel.  .  .  .  720.00 

Chippewa  county  farmers,  400  bushels  seed  potatoes 

at   $1.20   per   bushel.  .  480.00 


$224,985.25 

The  above  department  devoted  its  time  to  the  securing  of  seed 
and  the  sale  of  country  produce  for  which  it  was  difficult  to  find 
a  market  at  the  time  the  sales  were  made;  also  to  the  purchase 
of  produce  for  municipal  markets.  There  remains  about  250,000 
pounds  of  navy  beans  and  3,000,000  pounds  of  dried  peas  in  the 
state  yet  to  be  marketed,  which  this  department  is  endeavoring 
to  handle. 

I  would  not  wish  to  dismiss  this  subject  without  calling  your 
attention  to  the  fact  that  there  was  a  well  organized  Council  of 
Defense  in  every  county  of  this  state  and  that  by  far  the  largest 
per  cent  of  the  service  was  rendered  by  the  people  without  cost. 


328  MESSAGES  TO  THE  LEGISLATURE 

The  record  of  the  institution  will  stand  as  a  lasting  evidence  of 
the  fine  patriotic  spirit  of  the  people  of  our  state  during  the  period 
of  the  war. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 
Dated,  May  21,  1919. 


To  the  Honorable,  The  Senate: 

Pursuant  to  th«  statute  governing  I  hereby  nominate  and,  by 
and  with  the  advice  and  consent  of  the  Senate,  appoint 

Lieutenant  C.  L;  Harrington,  of  Hurley,  Wisconsin,  to  be  a 
member  of  the  State  Conservation  Commission  of  Wisconsin  for 
the  term  ending  on  the  first  Monday  in  February,  1923,  to  succeed 
Frank  B.  Moody,  deceased, 

Respectfully  submitted, 

EMANtJEL  L.  PHILIPP, 

Governor. 
Dated,  May  22,  1919, 


To  the  Honorable,  The  Senate: 

Pursuant  to  the  statute  governing  I  hereby  nominate,  and  by 
and  with  the  advice  and  consent  of  the  Senate,  appoint 

John  A.  Hazlewood,  of  Jefferson,  Wisconsin,  to  be  a  member 
of  the  State  Highway  Commission  for  the  term  ending  on  the 
first  Monday  in  February,  1925. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 
Dated,  May  22,  1919.  Governor. 


To  the  Honorable,  The  Assembly: 

I  return  herewith,  Without  my  approval,  Bill  No.  215,  A., 
This  bill  first  reached  me  on  April  22,  1919,  at  which  time  I 
pointed  out  my  objections  to  it  to  the  friends  of  the  measure  and 
it  was  returned  to  your  Honorable  Body  on  April  30,  1919,  pur- 
suant to  Joint  Resolution  No.  79,  A.  for  the  purpose  of  amend- 
ment. 

It  seems  that  after  the  bill  was  returned  it  was  not  amended 
but  was  repassed  in  its  original  form  and  was  again  received  by 
me  on  May  22nd. 


SESSION  OF  1919  329 

This  bill  amends  the  horse  shoers  lien  statute,  being  Chapter 
260  of  the  Laws  of  1905,  now  sections  3347e  to  3347q,  inclusive, 
of  the  statutes. 

Under  the  terms  of  the  bill  a  veterinarian  has  six  months  after 
rendering  his  services  within  which  to  file  notice  of  his  lien. 

Under  section  3347m  of  the  statutes  if  any  animal  upon  which 
a  veterinarian's  lien  is  claimed  shall  be  transported  out  of  the 
state,  secreted,  killed,  sold  or  incumbered,  the  owner  of  the  prop- 
erty and  each  purchaser  thereof  or  person  acquiring  any  interest 
therein  during  the  pendency  of  such  lien  shall  be  liable  to  the 
veterinarian  for  the  full  amount  of  his  lien. 

This  would  make  it  possible  for  the  veterinarian  to  recover  the 
full  amount  of  his  lien  from  any  person  purchasing  or  acquiring 
any  interest  in  an  animal  against  which  the  veterinarian  had  a 
lien,  although  there  might  be  no  public  record  of  such  lien  for 
the  period  of  six  months  after  the  services  were  performed  by 
which  the  purchaser  could  ascertain  the  existence  or  non-existence 
of  any  such  lien. 

Furthermore,  the  purchaser  of  such  animal  or  the  person  ac- 
quiring any  interest  in  such  animal  would  be  liable  for  the  full 
amount  due  the  veterinarian  irrespective  of  the  value  of  the 
animal  so  purchased  or  of  the  interest  in  such  animal  so  acquired. 

This  last  provision  would  render  the  law  unconstitutional  under 
the  decision  in  Kogers-Ruger  Co.  vs.  Murray,  115  Wis.  267. 

It  was  these  objections  that  I  pointed  out  to  the  friends  of  the 
bill  and  suggested  that  it  be  so  amended  as  to  overcome  them. 

The  bill,  however,  not  having  been  amended,  I  cannot  give  it 
my  approval  for  the  reasons  above  stated. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 

Dated,  May  28,  1919. 


To  the  Honorable,  The  Assembly: 

I  herewith  return,  without  my  approval,  Bill  No.  347,  A. 

This  bill,  if  it  becomes  a  law,  will  reverse  the  Supreme  Court 
of  this  state  in  the  case  of  Stryk  TS.  Mnichowics,  167  Wis.  265. 

In  that  case  a  parent,  for  the  purpose  of  securing  employment 
for  his  son,  represented  to  the  employer  that  the  son  was  over 
sixteen  years  of  age  when  in  truth  and  in  fact  the  son  was  but 


330  MESSAGES  TO  THE  LEGISLATURE 

fourteen  years  of  age.  Belying  upon  this  representation  the  son 
was  employed  and  put  at  work  at  an  employment  which  was  for- 
bidden to  persons  under  sixteen  years  of  age.  The  son  was  in- 
jured and  recovered  damages  against  the  employer  by  reason  of 
his  having  been  put  at  work  in  the  forbidden  employment. 

An  action  was  then  begun  by  the  employer  against  the  father 
to  recover  the  damages  paid  the  son  on  the  ground  that  the  father 
had  induced  the  employment  of  the  son  at  the  forbidden  employ- 
ment by  false  representations. 

Speaking  for  the  majority  of  the  Court,  Chief  Justice  Winslow 
said:  "The  rule  that  a  minor,  suffering  an  injury  while  engaged 
in  an  employment  which  the  law  forbids  him  to  engage  in  on 
account  of  his  age,  cannot  be  barred  of  his  recovery  nor  subjected 
to  an  action  or  counterclaim  for  damages  because  he  misrepre- 
sented his  age  when  he  was  employed,  does  not  apply  to  the 
father  or  other  third  person  upon  the  faith  of  whose  false  repre- 
sentations the  minor  was  employed.  The  law  prohibiting  the  em- 
ployment of  children  of  tender  years  at  dangerous  occupations  is 
for  the  protection  of  the  children  themselves,  and  public  policy 
forbids  that  they  should  be  capable  of  dispensing  with  its  provis- 
ions. The  same  consideration,  however,  does  not  apply  to  the 
act  of  the  parent.  No  good  reason  is  perceived  why  he  should  not 
answer  for  his  wrong." 

With  this  reason  and  logic  I  fully  concur  and,  therefore,  can- 
not permit  the  Court  to  be  reversed  by  the  Legislature  with  my 
sanction  and  approval. 

When  the  employer  is  subjected  to  a  fine  for  putting  a  minor 
employe  under  certain  ages  in  certain  forbidden  employments 
and  is  also  deprived  of  certain  valuable  defences  in  case  such  minor 
is  injured  while  so  employed,  the  employer  certainly  ought  to  be 
entitled  to  some  evidence  on  which  he  can  safely  rely  as  to  the 
age  of  such  minor. 

It  is  said  that  the  employer  should  satisfy  himself  in  some  of 
the  methods  pointed  out  by  the  statute  or  by  other  reliable  evidence 
that  the  minor  is  of  employable  age. 

There  are  many  situations  in  which  it  would  be  impossible  for 
the  employer  to  ascertain  the  age  of  the  minor  in  the  manner 
pointed  out  by  the  statute.  The  minor  may  not  have  had  a  birth 
or  baptismal  certificate,  or  he  may  never  have  attended  school, 
or  he  may  have  been  born,  baptized  or  educated  in  another  state 


SESSION  OF  1919  331 

or  foreign  country,  in  all  such  cases  the  evidence  as  to  his  age 
would  not  be  available  to  the  employer. 

If  the  employer  relies  upon  such  minor  as  to  his  age  he  does 
so  at  his  peril.  (Pinoza  vs.  Northern  Chair  Co.,  153  Wis.  473; 
Stetz  vs.  F.  Mayer  B.  &  S.  Co.,  163  Wis.  151.) 

There  is  no  more  reliable  evidence  as  to  the  age  of  a  minor 
than  that  of  the  minor's  parent  or  guardian,  and  if  the  employer 
relies  upon  such  evidence  in  employing  the  minor  and  such  evi- 
dence is  wilfully  false  why  should  not  the  parent  or  guardian  be 
liable  to  the  employer,  at  least  to  the  extent  that  the  employer 
has  been  damaged  by  reason  thereof? 

I  can  perceive  no  good  reason  or  sound  public  policy  which 
would  justify  me  in  giving  this  bill  my  approval,  and  thereby 
permitting  the  parent  or  guardian  to  escape  liability  for  his  wil- 
fully false  or  fraudulent  representations. 

Eespectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 


To  the  Honorable,  The  Senate: 

I  herewith  return  without  my  approval  Bill  No.  36,  S.  for  the 
reason  that  the  bill  is  not  so  worded  as  to  accomplish  the  purpose 
intended. 

It  was  undoubtedly  the  purpose  of  the  bill  to  cause  to  be  re- 
corded in  the  office  of  the  register  of  deeds  of  some  county  of  this 
state  the  certificate  of  discharge  of  every  soldier,  sailor  or  marine 
who  was  in  the  service  of  the  United  States  in  the  war  between 
the  United  States  and  Germany  and  her  allies. 

The  bill,  however,  is  so  worded  that  only  soldiers,  sailors  and 
marines  who  fought  with  Germany  and  her  allies  could  have  such 
certificates  recorded. 

When  my  attention  was  called  to  the  wording  of  this  bill,  I 
had  a  joint  resolution  prepared  recalling  the  bill  for  the  purpose 
of  amending  it  by  striking  out  the  word  "with"  in  the  second  line 
thereof  and  substituting  therefor  the  word  "against",  or  some 
similar  amendment,  but  th.e  Assembly  had  adjourned  to  June  3, 
1919,  before  such  resolution  could  be  acted  upon. 

As  I  cannot  constitutionally  retain  the  bill  in  my  possession 
longer  than  today,  I  am  compelled  to  return  it  without  my  ap- 
proval, but  with  the  suggestion  that  a  new  bill  be  prepared  and 


332  MESSAGES  TO  THE  LEGISLATORS, 

passed  which  will  accomplish  the  very  laudable  purpose  intended 
to  be  accomplished  by  this  bill. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 
May  29,  1919. 


To  the  Honorable,  The  Assembly: 

I  herewith  return  without  my  approval  Bill  No.  30,  A. 

This  bill  is  so  worded  that  it  is  extremely  difficult  to  correctly 
arrive  at  its  true  intent  and  meaning. 

Section  1  of  the  bill  repeals  Section  -1553m  of  the  Statutes. 
The  Section  so  repealed  makes  it  unlawful  throughout  the  state 
for  any  district  attorney,  assistant  district  attorney,  city  attorney, 
assistant  city  attorney,  or  any  person  holding  a  judicial  office,  to 
be  retained  or  employed  by  a  common  carrier  or  a  public  utility 
corporation. 

Section  2  of  the  bill  makes  it  "unlawful  for  any  district  attor- 
ney or  assistant  district  attorney,  or  any  person  holding  a  judicial 
office  in  the  state,  the  mayor,  city  comptroller,  city  treasurer, 
city  attorney,  of  their  assistants,  city  clerk,  Commissioner  of  Public 
Works,  or  any  alderman  of  any  city  of  the  first  class"  to  do  certain 
things. 

If  we  should  read  no  further,  it  might  well  be  contended  that 
the  words  "or  any  city  of  the  first  class"  modified  and  wa*  limited 
to  "any  alderman." 

But  When  We  read  the  balance  of  the  bill,  we  find  that  the  fore- 
going quoted  provisions  are  immediately  followed  by  "who  in  the 
performance  of  his  duties  as  such  officer  or  employe  of  any  city 
of  the  first  class  may  require  or  hare  potter  to  act  for  such  city 
in  any  contractual  relations  between  such  city  and  a  corporation 
*  *  *  which  owns  or  operates  a  street  railway  or  public  utility  in 
such  city."  We  also  find  several  other  provisions  in  the  bill  all 
relating  to  "such  city." 

When  we  take  into  consideration  the  whole  language  of  the  bill, 
a§  We  must  in  arriving  at  its  true  meaning,  there  is  but  one 
conclusion  to  be  arrived  at,  namely:  that  the  mayor,  city  comp- 
troller, city  treasurer,  city  attorney,  or  their  assistants,  city  clerk, 
commissioner  of  public  works  and  aldermen  of  Milwaukee  only, 
are  prohibited  from  doing  the  things  enumerated  in  the  bill, 


SESSION  OP  1919  333 

while  all  such  officers  and  employes  outside  of  the  city  of  Mil- 
waukee are  not  prohibited  from  doing  them. 

It  is  probably  true  that  the  phrase  "any  city  of  the  first  class" 
does  not  reach  back  and  modify  the  words  "district  attorney  or 
assistant  district  attorney,  or  any  person  holding  a  judicial  office 
in  the  state."  Under  the  bill,  no  district  attorney  or  assistant 
district  attorney,  or  judicial  officer  is  prohibited  from  doing  any 
of  the  acts  specified  in  the  bill,  so  far  as  street  railways  and  public 
utilities  are  concerned,  unless  he  is  required  or  has  power  to  act 
for  a  city  of  the  first  class  in  some  contractual  relations  between 
the  city  and  such  street  railway  or  public  utility.  As  neither  dis- 
trict attorneys,  assistant  district  attorneys  nor  judicial  officers  are 
required  or  have  power  to  act  in  such  matters,  no  restriction  is 
placed  by  the  bill  upon  them  as  to  street  railways  or  public  utilities 
and  it  is  extremely  doubtful  if  there  are  any  as  to  common  carriers. 

It  is  certain  that  the  bill  would  permit  city  attorneys  and 
their  assistants  in  all  cities  of  the  state  outside  of  Milwaukee  to 
be  retained  or  employed  by  common  carriers  and  public  utilities. 
This  alone  is  sufficient,  if  there  were  no  other  objections  to  the 
bill  to  compel  me  to  withhold  my  approval  of  it.  I  can  not  believe 
that  the  Legislature  intended  to  repeal  the  present  statute  which, 
as  before  stated,  makes  it  unlawful  for  any  district  attorney, 
assistant  district  attorney,  city  attorney,  assistant  city  attorney, 
or  judicial  officer  in  the  state  to  be  retained  or  employed  by  a 
common  carrier  or  public  utility  corporation  and  to  make  such 
retainer  or  employment  unlawful  in  Milwaukee  only. 

Furthermore,  it  would  undoubtedly  be  unconstitutional  to  make 
an  act  a  crime  if  committed  within  the  city  of  Milwaukee  and  not 
a  crime  if  committed  elsewhere  in  the  state. 
Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

June  3,  1919.  Governor. 


To  the  Honorable,  The  Assembly: 

I  herewith  return,  without  my  approval,  Bill  No.  391,  A. 

This  bill  would  authorize  and  empower  any  city  to  establish 
and  operate  depots  and  plants  for  the  purchase,  preparation  or 
manufacture  and  distribution  of  milk  and  as  incidental  thereto 
all  other  dairy  products,  including  buttermilk,  skim  milk,  cheese, 
butter  and  ice  cream. 


334  MESSAGES  TO  THE  LEGISLATURE 

At  the  1917  session  of  the  Legislature  a  bill,  No.  482,  A.,  was 
passed  authorizing  any  city  to  buy  and  sell  to  the  inhabitants 
thereof  any  of  the  common  necessities  of  life.  On  May  15,  1917, 
I  returned  this  bill  to  the  Legislature  without  my  approval,  giving 
as  my  reasons  therefor  that  "The  Legislature  has  no  constitutional 
authority  to  grant  such  power  to  cities;  neither  have  the  cities  the 
constitutional  authority  to  engage  in  such  business,  because  the 
business  is  not  public  in  the  constitutional  sense,  neither  is  it  one 
of  the  functions  of  the  government  to  engage  in  such  business." 

I  then  cited  and  quoted  from  a  number  of  Supreme  Court 
decisions  sustaining  such  contention,  and  then  said,  "There  is  no 
authority  in  this  country  contrary  to  the  expression  of  the  courts 
in  the  foregoing  cases.  It  is  universally  conceded  that  munici- 
palities cannot  engage  in  business  such  as  this  bill  contemplates. 
*  *  *  I  am  so  clearly  of  the  opinion  that  the  bill  is  unconsti- 
tutional that  I  cannot  give  it  my  approval." 

What  I  then  said  with  reference  to  Bill  No.  482,  A.,  applicable 
to  the  bill  now  under  consideration  and  I  respectfully  refer  your 
Honorable  Body  to  the  veto  above  referred  to  which  will  be  found 
on  page  1077  of  the  Assembly  Journal  of  1917. 

No  case  has  been  decided  by  the  courts  of  any  state  since  my 
message  of  1917  which  in  any  way  modifies  or  changes  the  cases 
therein  cited. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Dated,  June  4,  1919.  Governor. 


To  the  Honorable,  The  Senate: 

I  herewith  return,  without  my  approval,  Bill  No.  420,  S. 

If  this  bill  became  a  law  it  would  conflict  with  Section  5.28. 
That  section  provides  that  a  person  may  decline  a  nomination  by 
filing  a  written  declination  not  less  than  nine  days  before  election 
and  that  in  case  of  the  death  or  declination  of  a  candidate  the 
vacancy  may  be  filled  by  filing  a  certificate  with  the  proper  officer 
eight  days  before  election  which  "when  so  filed  shall  have  the 
effect  of  an  original  certificate."  That  is,  the  filing  of  such  cer- 
tificate eight  days  before  election  shall  entitle  the  new  nominee  to 
have  his  name  printed  upon  the  official  ballot. 

This  may  now  be  done  as  the  ballots  need  not  be  printed  and  in 
possession  of  the  county  clerk  until  four  days  before  election. 


SESSION  OF  1919  335 

If,  however,  this  bill  should  become  a  law,  the  ballots  would 
have  to  be  printed  and  in  possession  of  the  county  clerk  two 
weeks  or  more  before  election. 

If,  therefore,  Section  5.28  remains  unchanged  and  this  bill  be- 
comes a  law,  whenever  a  candidate  should  die  or  decline  the  nom- 
ination between  the  time  when  the  ballots  are  required  to  be 
printed  and  nine  days  before  the  election,  and  such  vacancy  was 
filled  eight  days  before  election,  the  new  nominee  could  not  have 
his  name  printed  on  the  official  ballot,  as  they  would  have  been 
already  printed  and  in  the  possession  of  the  county  clerk.  The 
only  way  for  the  new  nominee  to  get  his  name  on  the  ballot 
would  be  by  pasters.  This  would,  however,  deprive  him  of  his 
rights  under  Section  5.28  and  place  him  in  the  same  class  as  nom- 
inees who  are  nominated  to  fill  vacancies  occurring  within  four 
days  of  the  election. 

It  would  be  impossible  to  harmonize  the  two  sections;  one  pro- 
vides that  the  new  nominee  if  nominated  eight  days  before  elec- 
tion is  entitled  to  have  his  name  printed  upon  the  official  ballot, 
while  the  other  provides  that  the  ballots  containing  the  name  of 
the  old  nominee  shall  be  printed  and  in  the  possession  of  the 
county  clerk  before  the  new  nomination  is  made. 

Any  attempt  to  harmonize  these  two  sections  would  require 
the  destruction  of  the  printed  ballots  and  the  printing  of  others 
containing  the  name  of  the  new  nominee.  This,  however,  would 
not  comply  with  Section  6.25  as  amended  as  the  ballots  used  at 
the  election  would  not  then  have  been  in  the  hands  of  the  county 
clerk  two  weeks  or  more  before  election. 

Undoubtedly  it  was  the  purpose  of  the  author  of  this  bill  to 
make  the  same  fit  in  with  Section  5.28  as  it  was  sought  to  be 
amended  by  bill  No.  359,  S.,  but  as  that  bill  has  been  defeated 
this  bill  should  also  have  been  defeated. 

Furthermore,  by  this  bill,  the  date  for  the  ballots  to  be  printed 
and  in  the  possession  of  county  clerks  at  general  election  is  a 
fixed  date,  "the  third  Tuesday  of  October,"  whereas  the  date  of 
the  general  election  is  a  movable  date,  "Tuesday  next  succeeding 
the  first  Monday  of  November."  I  am  advised  by  the  Secretary 
of  State  that  if  this  bill  had  been  the  law  at  the.  general  election 
in  1918  it  would  have  given  the  county  clerks  but  three  days  to 
prepare  and  have  printed  the  ballots.  This,  of  course,  in  most 
cases,  is  too  short  a  time  to  permit  of  its  being  done. 


336  MESSAGES  TO  THE  LEGISLATURE 

For  the  reasons  above  indicated  I  feel  that  I  cannot  give  this 
bill  my  approval. 

Kespectfully  submitted, 

BMANUEL  L.  PHILIPP, 
June  9,  1919.  Governor. 


To  the  Honorable,  the  Senate: 

I  herewith  return  without  my  approval  bill  N^o.  210,  S. 

This  bill  is  so  vague,  indefinite  and  uncertain  that  I  cannot  ap- 
prove of  it. 

This  bill  was  returned  to  your  Honorable  Body  on  May  20,  1919, 
pursuant  to  Joint  Resolution  69,  S.  I  suggested  to  the  friends 
of  the  bill  that  it  be  recalled  and  so  amended  as  to  make  it  definite 
and  certain.  The  bill,  however,  has  been  returned  without  amend- 
ment. 

The  bill  provides  that  "the  County  Board  of  Supervisors  of  any 
county  having  a  tuberculosis  sanatorium  or  contemplating  the  con- 
struction of  one,  etc." 

When  can  the  County  Board  of  Supervisors  be  said  to  be  "con- 
templating the  construction"  of  a  tuberculosis  sanatorium?  The 
bill  does  not  provide  that  they  shall  take  any  official  action  in  the 
premises  or  that  any  record  shall  be  made  of  their  contemplation. 

It  is  not  the  purpose  of  the  bill  to  make  the  same  apply  to  all 
counties  in  the  state  else  the  term  "any  county  in  the  state"  would 
have  been  used.  It  was  its  evident  purpose  to  divide  the  counties 
in  the  state  into  two  classes:  First,  those  that  had  tuberculosis 
sanatoriums  and,  second,  those  that  were  contemplating  the  con- 
struction of  them,  but,  as  above  stated,  the  second  class  is  vague, 
indefinite  and  uncertain. 

The  bill  further  provides  that  counties  "may  establish  an  out- 
patient department  of  such  sanatorium  or  may  establish  a  general 
health  dispensary,"  What  is  meant  to  be  included  within  the  term 
"general  health  dispensary?"  There  is  nothing  in  the  bill  defining 
it  nor  anything  which  would  make  it  obligatory  to  establish  one, 
whatever  it  might  be,  in  connection  with  a  tuberculosis  sanatorium. 

Again,  the  bill  provides  that  the  "out-patient  department  or 
dispensary  may  be  under  the  supervision  of  the  board  of  trustees 
of  the  tuberculosis  sanatorium,  or  a  special  board  where  no  sana- 
torium has  been  established."  There  is  no  provision  as  to  whose 
supervision  such  out-patient  department  or  dispensary  shall  be 


SESSION  OF  1919  337 

under  in  counties  where  there  are  tuberculosis  sanatoriums.  The 
bill  provides  they  may  be  placed  under  the  supervision  of  the  trus- 
tees of  the  sanatorium,  but  there  is  no  provision  as  to  whose  super- 
vision they  shall  be  under  in  case  they  are  not  so  placed.  Mani- 
festly they  were  not  to  be  placed  under  the  special  board  provided 
for  in  the  act  as  the  supervision  of  the  special  board  is  to  be  in 
those  counties  only  "where  no  sanatorium  has  been  established." 

Such  out-patient  departments  and  dispensaries  should  both  be 
established,  if  they  are  to  be  established,  only  in  connection  with 
tuberculosis  sanatoriums  and  be  under  the  supervision  of  the  board 
of  trustees  of  the  sanatorium. 

The  establishment  of  out-patient  departments  and  general  health 
dispensaries  are  so  important  to  the  state  and  to  the  counties  that 
the  terms  of  the  act  establishing  them  should  not  be  couched  in  such 
vague,  indefinite  and  uncertain  language  as  is  contained  in  this 
bill. 

Eespeetfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 

June  9,  1919. 


To  the  Honorable,  the  Senate: 

Pursuant  to  the  statute  governing,  I  hereby  nominate  and,  by 
and  with  the  advice  and  consent  of  the  senate,  appoint 

Platt  Whitman  of  Highland,  Wisconsin,  to  be  Commissioner  of 
Insurance  for  the  term  ending  June  30,  1923. 

Eespeetfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 
Dated  June  10,  1919. 


To  the  Honorable,  the  Senate: 

Pursuant  to  the  statute  governing,  I  hereby  nominate  and,  by 
and  with  the  advice  and  consent  of  the  senate,  appoint 

B.  J.  Castle,  of  Madison,  Wisconsin,  to  be  a  member  of  the  State 
Civil  Service  Commission,  for  the  term  ending  June  21,  1925. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 
Dated  June  10,  1919. 


338  MESSAGES  TO  THE  LEGISLATURE 

To  the  Honorable,  the  Assembly: 

I  return  herewith  bill  No.  175,  A.,  without  my  approval. 

The  purpose  of  this  bill  is  to  give  the  Common  Council  of  Mil- 
waukee the  right  to  prescribe  for  all  members  of  the  police  force 
such  rest  days  as  it  shall  deem  advisable. 

I  do  not  understand  that  the  hours  of  labor  demanded  of  this 
force  are  now  unreasonable.  However,  if  further  concessions  can 
justly  be  granted  it  should  be  done  by  the'  Chief  of  Police  and  the 
Fire  and  Police  Commission,  who  are  responsible  to  the  people  for 
the  police  protection  of  the  city. 

Milwaukee  has  been  fortunate  in  its  .police  protection  because 
the  department  has  been  kept  out  of  politics.  This  was  made  pos- 
sible by  the  creation  of  a  non-partisan  commission.  It  is  clear,  how- 
ever, that  under  this  bill  the  non-partisan  control  of  the  police 
force  would  be  broken  down  and  the  discipline  would  become  a 
matter  of  political  interference  and  would  be  used  as  an  issue  bv 
men  who  wish  to  be  elected  to  the  Common  Council. 

I  would  regard  such  a  situation  as  a  backward  step  by  the  citv 
and  I  am,  therefore,  unwilling  to  approve  of  this  bill. 

Kespectfully  submitted, 

EMANUEL  L.  PHILIPP, 
Dated  June  10,  1919.  Governor. 


To  the  Honorable,  the  Senate: 

I  herewith  return  without  my  approval  bill  No.  237,  S. 

This  bill  does  not  change,  at  least  very  materially,  the  Work- 
men's Compensation  Act  as  interpreted  by  the  courts,  relative  to 
personal  injuries  accidentally  sustained  by  an  employee,  which 
necessitates  surgical  treatment,  but  it  does  very  materially  change 
that  act  pertaining  to  medical  treatment.  As  regards  medical  treat- 
ment it  gives  the  employee  the  option  of  having  Christian  Science 
treatment  instead  of  treatment  by  a  regular  physician  and  not 
only  binds  the  employer  to  pay  therefor  but  forbids  such  employer 
from  making  any  claim  that  the  injury  was  created,  aggravated,  or 
prolonged  by  reason  thereof. 

I  have  no  quarrel  with  a  person  of  mature  years  who  prefers 
Christian  Science  treatment  so  long  as  he  alone  assumes  the  re- 
sponsibility therefor  but  when  he  seeks,  as  this  bill  does,  to  pass 
such  responsibility  on  to  his  employer  and  through  him  to  the  public 
in  the  cost  of  production,  I  cannot  give  it  my  sanction. 


SESSION  OF  1919  339 

Under  the  Workmen's  Compensation  Act  there  is  a  "mutuality 
of  interest  between  employers,  employees  and  the  public,  and  each 
is  charged  with  the  duty  of  promoting  the  mutual  interest." 

Therefore  when  an  employee  by  his  conduct  creates,  continues 
or  increases  his  claim  for  compensation  from  his  employer  and 
thereby  casts  the  burden  upon  society  in  general  it  is  utterly  re- 
pugnant to  all  principles  of  law  and  abhorrent  to  that  sense  of 
justice  common  to  all  mankind. 

It  may  be  said  that  few  injuries  under  the  Workmen's  Com- 
pensation Act  are  of  such  a  nature  that  they  require  medical  as 
distinguished  from  surgical  treatment.  But  if  Christian  Science 
treatment  is  engrafted  into  the  act  and  the  act  is  later  amended 
to  cover  occupational  diseases  there  will  be  a  large  number,  pos- 
sibly a  majority  of  cases  which  would  come  within  the  provisions 
of  this  type  of  treatment. 

The  physician,  in  the  first  instance,  determines  as  between  the 
employer  and  the  employee  whether  or  not  there  is  a  disability  and 
whether  such  disability  is  partial  or  total;  also  when  the  period  of 
disability  ends. 

Under  the  act  an  employer  can  compel  the  employee  to  "sub- 
mit from  time  to  time  to  examination  by  a  regular  practicing 
physician."  It  is  safe  to  say  that  in  a  great  majority  of  cases,  a 
dispute  would  arise  between  the  physician  and  the  Christian  Science 
healer  over  the  question  of  disability,  the  period  of  disability,  and 
whether  the  same  is  partial  or  total.  Such  dispute  would  lead  to 
frequent  and  prolonged  hearings  before  the  Commission  and  litiga- 
tion in  the  courts  which  would  be  both  unfortunate  and  expensive. 

This  bill  does  not  provide  that  the  injured  employee  may,  at 
his  option,  take  Christian  Science  treatment  in  addition  to  other 
medical  treatment,  but  the  former  is  to  be  in  lieu  of  the  latter,  and 
the  liability  by  way  of  compensation,  in  ease  the  same  is  not  suc- 
cessful, is  borne  not  by  the  employee,  but  by  the  employer,  and  in 
the  final  analysis  by  the  consuming  public. 

If  this  bill  had  provided  that  employees  who  desire  Christian 
Science  treatment  in  case  of  injury  give  notice  to  the  employer 
to  that  effect  prior  to  the  time  of  the  injury  so  that  the  employer 
would  know  what  type  of  medical  treatment  the  employee  insisted 
upon,  I  would  have  no  objection  to  the  bill  because  the  employee 
would  then  have  due  notice  and  could  discontinue  the  employment 


340  MESSAGES  TO  THE  LEGISLATURE 

of  such  person  if  he  was  dissatisfied  with  the  conditions  insisted 
upon  by  the  employee. 

For  the  foregoing  reasons  I  feel  that  it  is  not  for  the  public 
interest  that  this  bill  should  become  a  law  and  I  therefore  withhold 
my  approval  of  it. 

Eespectfully  submitted, 

EMANUEL  L.  PHILIPP, 
Dated,  June  11,  1919.  Governor. 


To  the  Hono-tuble,  the  Senate: 

I  return  herewith,  without  my  approval,  bill  Xo.  489,  S.,  an 
amendment  to  section  1  of  chapter  608,  of  the  laws  of  1913,  relating 
to  the  sewerage  commission  in  cities  of  the  first  class. 

It  is  the  purpose  of  this  bill  to  permit  the  mayor  of  the  city  of 
Milwaukee  to  appoint  the  chief  engineer  of  that  city  as  a  member 
of  the  sewerage  commission,  without  confirmation  by  the  council. 

The  commission  was  created  under  the  original  act  by  appoint- 
ment by  the  mayor  and  confirmation  by  the  council.  It  is  the 
evident  purpose  of  the  law  under  which  this  commission  was  ap- 
pointed that  it  should  be  non-partisan  and  non-political.  The 
project  of  building  a  new  sewerage  system  is  one  that  cost  the 
city  of  Milwaukee  large  sums  of  money  and  there  is  a  public  de- 
mand that  the  work  should  remain  free  from  political  influences. 

Pursuant  to  authority  conferred  in  the  act,  the  mayor  appointed 
Messrs.  George  P.  Miller,  Theodore  Yilter,  Michael  Carpenter, 
Conrad  Neiderman  and  George  H.  Benzenberg  as  members  of  this 
commission.  These  gentlemen  are  well  known  citizens  of  Milwau- 
kee, all  of  them  men  of  high  reputation,  whose  integrity  and  ability 
is  not  questioned  by  the  citizens.  All  are  members  now  except 
George  H.  Benzenberg,  who  resigned  some  time  ago,  and  I  am 
advised  that  he  left  the  service  because  he  is  an  engineer  and  felt 
that  he  could  not  give  the  work  the  time  that  it  requires.  The 
commission  appointed  a  chief  engineer  of  known  ability  and  the 
work  has  been  going  on  for  a  number  of  years. 

The  system  of  sewerage  disposal  that  is  being  installed  has  been 
tested  in  Milwaukee  by  the  best  experts  that  were  obtainable, 
under  the  direction  of  the  commission's  engineer,  and  the  work 
is  well  under  way.  The  charge  of  incompetency  either  on  the  part 
of  the  commission  or  its  engineer  has  not  been  proven  and,  so  far 
as  I  know,  has  been  alleged  only  by  the  mayor. 


SESSION  OF  1919  341 

The  representation  was  made  here  that  an  intercepting  sewer 
had  been  built  at  a  large  cost  which  proved  to  be  of  faulty  con- 
struction. This  charge  was  tried  in  the  federal  court  of  Milwau- 
kee in  an  action  brought  by  the  contractor  and  it  was  held  that  the 
responsibility  for  the  defects  rested  upon  the  contractor  and  that 
it  was  not  the  fault  of  the  plans  furnished  by  the  commission's 
engineer.  In  other  words,  the  sewer  was  not  built  according  to 
specifications. 

The  members  of  the  commission  appeared  before  me  and  pro- 
tested against  the  appointment  of  the  city  engineer  on  the  ground 
that  the  commission's  engineer  has  proven  himself  thoroughly 
competent  and  that  the  addition  of  the  city's  engineer  could  serve 
only  a  meddlesome  purpose.  It  was  further  stated  that  the"  city 
engineer  had  no  desire  to  become  a  member  of  the  commission. 

I  have  great  confidence  in  the  judgment  of  the  men  on  the 
commission  and  I  feel  certain  that  the  high  regard  in  which  I 
hold  these  men  is  shared  by  the  citizens  of  Milwaukee.  They  are 
giving  their  labor  free  of  charge  and  I  shall  not  agree  to  any 
legislation  that  will  interfere  with  their  work  unless  it  is  proven 
that  they,  or  the  engineer  whom  they  are  supporting,  are  guilty 
of  incompetency  or  neglect. 

This  bill  was  considered  by  the  Common  Council  of  Milwaukee, 
a  body  that  no  doubt  is  thoroughly  familiar  with  the  work  of  the 
sewerage  commission,  and  was  rejected. 

For  the  above  reasons  I  feel  compelled  to  return  this  bill  to  you 
without  my  approval. 

Eespectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Dated,  June  13>  1919.  Governor. 


To  the  Honorable.,  the  Senate: 

I  herewith  return  without  my  approval  bill  No.  423,  S. 

If  this  bill  should  become  a  law,  it  would  prevent  any  candi- 
date from  declining  a  nomination  unless  such  declination  were  made 
the  day  following  the  last  day  for  filing  his  nomination  papers. 
This  under  bill  415,  S.,  would  be  the  last  Tuesday  of  July. 

The  bill  also  provides  that  if  a  nominee  does  or  declines  a  nom- 
ination, the  vacancy  must  be  filled  not  later  than  the  first  Tues- 
day in  August  and  when  so  filled  shall  have  the  same  effect  as 
an  original  nomination,  L  e.,  the  new  nominee  shall  have  his  name 


342  MESSAGES  TO  THE  LEGISLATUEE 

printed  on  the  official  ballot.  But  if  a  vacancy  occurred  by  death 
after  the  first  Tuesday  of  August  and  before  the  printing  of  the 
ballots,  there  should  be  no  method  by  which  such  vacancy  would 
be  filled,  until  after  the  ballots  were  printed  and  then  the  name  of 
the  new  nominee  would  have  to  be  pasted  on  the  printed  ballots. 

I  can  conceive  of  no  good  purpose  which  could  be  served  by 
compelling  a  nominee,  if  he  wishes  to  decline  the  nomination,  to 
do  so  the  day  following  the  filing  of  his  nomination  papers.  Neither 
can  I  see  any  reason  for  preventing  the  filling  of  a  vacancy  oc- 
casioned by  the  death  of  the  nominee  between  the  first  Tuesday 
of  August  and  the  printing  of  the  ballots. 

In  my  opinion,  it  would  be  more  satisfactory  to  leave  the  statute 
as  it  is  than  to  amend  it  in  the  manner  provided  in  this  bill. 

Eespectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Dated,  June  17,  1919.  Governor. 


To  the  Honorable,  the  Senate: 

I  return  herewith  bill  No.  524,  S.,  without  my  approval. 

This  bill  appropriates  $107,000.00  for  the  next  biennium  for 
new  additions  to  the  Industrial  Home  for  Women  located  at 
Taycheedah,  Wisconsin. 

The  institution  at  Taycheedah  was  authorized  by  the  Legisla- 
ture of  1913.  The  appropriations  were  made,  the  grounds  pur- 
chased and  the  building  plans  accepted  prior  to  1915  when  I  be- 
gan my  services  as  governor  of  the  state.  I  make  this  statement 
because  the  Legislative  Investigating  Committee  in  its  report 
severely  criticized  the  amount  paid  for  the  grounds  and  left  it 
to  be  understood,  by  inference  at  least,  that  my  administration 
was  responsible  for  it. 

The  construction  has  been  interrupted  by  the  war.  During 
the  war  period  much  of  the  material  used  was  commandeered  by 
the  government  and  was  therefore  unobtainable.  Labor  was  largely 
engaged  in  war  activities  and  the  state's  desire  to  pursue  a  public- 
building  policy  that  met  the  wishes  of  the  government  forbade  the 
construction  of  buildings  during  that  period.  I  am  informed  that 
all  will  be  in  readiness  this  fall  and  that  the  institution  will  be 
prepared  to  receive  fifty-five  inmates. 

I  have,  since  the  beginning  of  my  term  of  office,  felt  that  this 
institution  is  largely  experimental  and  that  there  is  in  fact  no 


SESSION  or  1919  343 

pressing  need  for  it.  It  is  planned  to  provide  a  place  for  the 
correction  of  women  who  are  sentenced  by  the  courts  for  committing 
a  felony,  except  murder,  or  are  guilty  of  a  misdemeanor  or  vagrancy, 
including  such  women  as  may  have  acquired  drug  habits  or  have 
lived  an  immoral  life.  The  latter  class  are  supposed  to  furnish 
the  larger  number  of  inmates. 

The  state  maintains  an  institution  at  Milwaukee  for  the  cor- 
rection of  wayward  or  incorrigible  girls.  Therefore  those  who 
are  still  within  the  age  at  which  the  state  may  reasonably  expect 
to  bring  about  a  reformation  are  already  provided  for,  although 
the  law  under  which  this  institution  is  created  permits  the  com- 
mitment of  inmates  as  low  as  sixteen  years  of  age.  It  seems  to 
me  that  girls  of  that  age  had  better  be  committed  to  the  Milwau- 
kee institution  rather  than  force  them  into  the  association  of  the 
type  of  criminals  that  this  institution  is  directed  to  receive. 

The  state  prison  at  Waupun  is  equipped  with  separate  apart- 
ments for  women  prisoners  and  at  this  time  contains  only  twenty- 
seven.  Of  that  number  seven  are  sentenced  either  for  life  or  long 
terms,  and  two  are  habitual  criminals.  The  House  of  Correction 
at  Milwaukee  contains  twenty-six  female  inmates,  according  to  the 
last  report. 

It  seems  to  me  that  the  better  method  to  care  for  women  who 
are  violators  of  the  law  is  either  under  the  probation  or  parole 
system,  and  it  is  the  general  policy  of  the  courts  to  use  the  pro- 
bation system  in  practically  all  cases  that  hold  out  any  hope  for 
reform.  It  is  fatal  to  a  woman's  reputation  to  become  an  inmate 
of  a  penal  institution.  Although  we  refer  to  the  institution  at 
Taycheedah  in  polite  terms  it  is  a  penal  institution  nevertheless, 
and  a  woman  who  serves  a  term  there  will,  when  she  has  completed 
her  sentence,  be  accepted  into  society  with  no  better  grace  than  the 
woman  who  is  discharged  from  Waupun. 

The  buildings  that  have  been  erected  are  beautiful  and  suggest 
that  it  was  the  purpose  of  the  promoters  of  this  institution  to 
place  the  inmates  committed  to  it  in  extraordinarily  luxurious 
surroundings.  Christian  thought  forbids  that  I  criticise  any  effort 
made  to  retrieve  a  fallen  woman.  However,  compared  with  other 
institutions  and  with  what  was  really  necessary  for  the  purposes 
intended,  it  looks  as  if  the  state  was  going  out  of  its  way  to  reward 
immorality. 

In  contrast,  for  the  mother  who  has  lived  an  honest  life  and 


344  MESSAGES  TO  THE  LEGISLATURE 

who  has  brought  a  family  of  children  into  the  world  and  labored 
hard  and  earnestly  for  them,  and  who  through  some  circumstance 
becomes  a  dependent  in  her  old  age,  the  best  that  we  have  to  offer 
to  her  is  either  a  poorhouse  or  a  home  for  the  aged  maintained 
by  charity.  The  same  prospect  awaits  the  honest  working  girl 
who  remains  single  and  does  not  accumulate  enough  to  care  for 
her  in  her  old  age.  But  to  the  woman  who  has  lived  a  life  of 
crime,  we  offer  a  palace  with  no  harder  condition  than  the  mere 
promise  that  she  will  sin  no  more. 

I  draw  this  comparison  because  I  believe  that  the  state's  aid 
should  first  go  to  those  who  richly  earned  it. 

The  purposes  of  the  law  must  be  carried  out,  however  I  cannot 
agree  to  an  expansion  of  this  institution  for  the  present.  The 
capacity,  that  we  have  is,  I  believe,  sufficient  to  carry  on  the  ex- 
periment which  we  are  making.  If  after  a  year  or  more  has  elapsed 
the  results  are  found  to  be  satisfactory  to  the  people,  it  will  be 
soon  enough  to  spend  additional  sums  for  enlargement. 

For  the  reasons  that  I  have  stated  I  decline  to  approve  this  bill. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Dated,  June  17,  1919.  Governor. 


To  the  Honorable,,  the  Senate: 

I  return  herewith  bill  No.  474,  S.,  without  my  approval. 

Under  the  provisions  of  this  bill  complete  control  will  be  given 
to  the  Milwaukee  County  Board  of  Supervisors  over  the  Board 
of  Administration,  which  has  charge  of  the  charitable  institutions 
of  that  county. 

My  objections  have  been  at  least  partially  stated  in  my  veto 
of  bill  No.  364,  S.  I  will  add,  however,  that  I  can  conceive  of 
no  service  that  the  Milwaukee  County  Board  of  Supervisors  can 
render  that  will  be  of  substantial  aid  to  the  Board  of  Adminis- 
tration which  it  seeks  to  control.  If  the  Board  of  Administra- 
tion is  going  to  be  of  value  to  the  institutions  which  are  placed 
under  its  charge  its  acts  should  not  be  made  subservient  to  the 
wishes  of  the  County  Board  of  Supervisors.  If  its  acts  and  con- 
tracts are  all  subject  to  approval  by  the  County  Board  then  the 
Board  of  Administration  becomes  a  mere  clerical  force  and  the 
work  of  administering  the  institutions  may  as  well  be  undertaken 
by  the  County  Board  in  the  first  instance. 


SESSION  OF  1919  345 

The  management  of  charitable  institutions  is  a  specialty  that 
requires  a  knowledge  which  can  be  obtained  only  through  ex- 
perience and  men  who  are  engaged  in  that  service  should  devote 
their  entire  time  to  the  study  of  the  needs  and  best  interest  of  the 
people  who  are  committed  to  their  care.  Successful  management 
presents  several  problems.  On  the  business  side  much  money  can  be 
saved  in  careful  purchases  and  with  a  good  knowledge  of  the  sup- 
plies that  are  really  required. 

There  is  a  humane  side  which  is  at  all  times  entitled  to  very 
careful  consideration.  The  people  who  are  committed  to  the  in- 
stitutions are  helpless.  They  are  hardly  able  to  demand  any- 
thing for  themselves  but  must  rely  wholly  upon  the  generosity 
of  those  in  whose  care  they  have  been  placed.  The  medical  care 
is  also  a  matter  of  great  importance. 

The  difficulties  of  these  problems  makes  it  imperative  that  these 
institutions  be  placed  in  charge  of  men  who  are  devoted  to  them 
and  their  management  should  not  be  hampered  by  the  interference 
of  authorities  that  give  the  work  only  casual  attention  and  who 
do  not  understand  their  actual  requirements. 

Like  bill  No.  364,  S.,  this  bill  seeks  to  remove  all  state  super- 
vision over  the  institutions  in  question. 

For  the  above  reasons  I  return  this  bill  to  you  without  my  ap- 
proval. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Dated,  June  23,  1919.  Governor. 


To  the  Honorable,  the  Senate: 

I  return  herewith  bill  No,  364,  S.,  without  my  approval. 

This  bill  and  bill  No.  474,  S.,  which  may  be  referred  to  as  a 
companion  bill,  seek  to  place  Milwaukee  County's  institutions  en- 
tirely under  the  supervision  of  the  Milwaukee  County  Board  of 
Supervisors. 

The  Board  of  Administration  of  Milwaukee  County  was  created 
by  act  of  the  Legislature  of  1915.  The  law  provides  that  it  shall 
consist  of  five  members,  three  of  whom  shall  be  appointed  by  the 
County  Board  and  two  by  the  Governor. 

This  bill  places  the  power  of  appointing  the  members  of  this 
board  entirely  in  the  hands  of  the  County  Board,  which  would 
leave  the  state  without  any  representation. 


346  MESSAGES  TO  THE  LEGISLATURE 

This  new  form  of  institutional  government  was  created  for  the 
purpose  of  co-ordinating  the  management  of  the  institutions  af- 
fected by  it  and  in  the  interest  of  greater  economy  in  their  ad- 
ministration. 

Prior  to  the  creation  of  the  Board  of  Administration  the  Hospital 
for  Mental  Diseases  was  governed  by  a  board  of  five  men  who 
were  appointed  by  the  Governor,  the  Asylum  for  Mentally  Diseased 
was  governed  by  a  board  of  five  men,  three  of  whom  were  appointed 
by  the  County  Board  and  two  by  the  Governor.  Muirdale  Sana- 
torium is  a  new  institution  and  did  not  come  into  operation  until 
the  Board  of  Administration  took  office. 

The  experience  of  managing  the  institutions  in  question  by  a 
smaller  board  has  proven  satisfactory  and  I  am  of  the  opinion  that 
the  membership  can  be  reduced  to  a  board  of  three  men  who  shall 
devote  all  of  their  time  to  the  institutions.  This  should  be  done  in 
the  interest  of  greater  economy  and  I  am  of  the  opinion  that  a 
more  concentrated  responsibility,  and  the  further  fact  that  the  mem- 
bers be  directed  to  devote  their  entire  time  to  the  service,  will  fur- 
ther improve  the  administration. 

I  am,  however,  not  willing  that  the  Board  of  Administration 
shall  be  made  subservient  to  the  orders  of  the  Milwaukee  County 
Board  of  Supervisors,  nor  will  I  agree  to  the  proposition  that  the 
state  shall  be  without  representation.  In  view  of  the  large  amount 
of  money  contributed  by  the  state  to  the  support  of  the  institutions 
that  are  affected  I  maintain  that  the  state  has  an  unquestionable 
right  to  demand  representation.  It  may  be  of  interest  that  I 
state  for  comparison  the  amounts  of  money  contributed  in  1918 
by  the  county  and  by  the  state : 

Paid  by  the         Paid  by  the 

County  State 

Asylum  for  Mentally  Diseased... $  76,625.40         $  70,209.15 

Hospital  for  Mental  Diseases 65,339.36  63,632.76 

Muirdale  Sanatorium  116,072.94  59,345.71 


$258,037.70         $193,187.62 

It  will  be  observed  that  of  the  total  amount  of  money  expended 
the  state  has  contributed  approximately  43  per  cent.  If  the  board 
is  reduced  to  a  membership  of  three  it  would  seem  to  be  only  fair 
that  one  member  should  be  appointed  by  the  Governor  in  order  to 


SESSION  OF  1919  347 

give  the  state  representation  and  some  supervision  over  the  expendi- 
ture of  so  large  a  sum  of  money. 

Milwaukee  County  will  not  he  in  position  to  appeal  to  the  gen- 
erosity of  the  state  in  the  aid  of  its  charitable  institutions  if  it 
entirely  closes  its  doors  to  any  and  all  participation  by  the  state 
in  the  control  of  the  expenditures. 

No  good  reason  has  been  advanced  that  I  know  of  in  support 
of  this  bill  in  its  present  form.  I  can  conceive  it  to  be  nothing  more 
than  a  desire  on  the  part  of  the  Milwaukee  County  Board  of  Super- 
visors to  further  extend  their  control  over  the  affairs  of  the  county 
and  its  expenditures  of  money.  I  believe  it  to  be  the  will  of  a 
majority  of  the  tax  payers  of  the  city  and  county  that  the  broad 
powers  which  they  now  have  over  the  expenditures  should  be  cur- 
tailed and  made  more  responsive  to  the  will  of  the  people. 

For  the  above  reasons  I  return  this  bill  without  my  approval. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Dated,  June  23,  1919.  Governor. 


To  the  Honorable,  the  Assembly: 

I  herewith  return  without  my  approval  bill  No.  569,  A. 

This  bill  seeks  to  change  the  method  of  selecting  the  jury  list  in 
Milwaukee  county. 

The  law  substantially  as  it  now  stands,  was  the  first  enacted  in 
1889  and  applied  to  Milwaukee  county  only.  This  law  gave  such 
general  satisfaction  that  in  the  revision  of  1898  its  provisions  were 
extended  throughout  the  state.  As  a  state-wide  method  of  drawing 
jurors,  the  present  law  has  given  universal  satisfaction  and  there 
is  no  demand  from  the  courts  of  Milwaukee  county,  or  any  other 
county,  so  far  as  I  know,  for  any  change. 

Under  the  present  law,  the  jury  commission  put  on  the  list  of 
jurors  they  furnish  the  clerk  only  the  names  of  such  persons  as  they 
believe  to  be  "citizens  of  the  United  States  who  are  qualified  electors 
of  this  state,  who  are  possessed  of  their  natural  faculties,  who  are 
not  infirm  or  decrepit,  who  are  esteemed  in  their  community  as 
men  of  good  character,  approved  integrity  and  sound  judgment,  and 
who  are  able  to  read  and  write  the  English  language  understand- 
ingly" 

Under  the  method  proposed  by  this  bill,  the  names  of  all  those 
who  voted  in  Milwaukee  county  at  the  last  general  election  are 


348  MESSAGES  TO  THE  LEGISLATURE 

written  on  separate  slips  of  paper,  placed  in  a  box,  and  then  the 
names  drawn  at  random  from  the  box.  The  names  of  the  ones  first 
drawn  are  placed  on  the  list  furnished  to  the  clerk  provided  that 
if  any  name  so  drawn  "to  the  knowledge  of  any  of  the  commis- 
sioners" does  not  possess  the  qualifications  hereinbefore  enumerated 
such  name  may  be  summarily  rejected. 

It  is  a  physical  impossibility  for  any  three  persons  who  may  con- 
stitute the  jury  commission  in  Milwaukee  county  to  know  whether 
the  persons  Mrhose  names  are  drawn  from  the  box  under  the  proposed 
method  are  possessed  of  their  natural  faculties,  whether  they  are 
infirm  or  decrepit,  whether  they  are  esteemed  in  their  community 
as  men  of  good  character,  approved  integrity  and  sound  judgment, 
and  more  particularly  whether  they  are  able  to  read  the  English 
language  understandingly. 

I  feel  certain  that  by  the  proposed  method  many  names  will  be 
placed  on  the  panel  of  jurors  who  are  disqualified  and  their  places 
will  have  to  be  filled  by  others,  thereby  causing  delay  and  annoyance 
to  the  courts  and  expense  to  the  taxpayers. 

Subsection  3  of  the  proposed  bill  provides  that  the  commissioners 
"are  empowered  to  cause  further  investigation"  but  this  is  after  the 
names  have  been  placed  upon  the  list.  In  my  opinion,  whatever 
investigation  is  to  be  made  as  to  the  qualifications  of  jurors  should 
be  made  before  and  not  after  their  names  appear  on  the  list. 

Even  though  I  were  in  full  accord  with  the  provisions  of  this 
bill,  it  ought  not  to  become  a  Jaw  in  its  present  form. 

The  title  is  defective  in  that  the  bill  creates  subsections  2,  3  and 
10  of  section  2533b,  while  the  title  is  silent  as  to  subsections  2  and  3. 

Subsection  2  provides  that  in  counties  containing  a  population 
of  over  150,000,  the  commission  shall  make  the  list  in  the  manner 
provided  in  subsections  2  and  3'  and  in  no  other  manner.  While 
subsection  7  provides  that  the  provisions  of  the  entire  act,  i.  e., 
provisions  relating  to  counties  with  less,  as  well  as  those  with  over, 
150,000  population  "shall  be  applicable  to  any  court  of  record  in  a 
county  containing  a  population  of  over  150,000  which  requires  a 
jury." 

The  circuit  courts  and  civil  courts  of  Milwaukee  County  are  courts 
of  record.  Thus,  by  the  terms  of  the  bill,  we  have  two  systems  for 
the  jury  commission  to  follow  in  Milwaukee  County  which  are  en- 
tirely different  one  from  the  other. 

Again,  by  the  terms  of  the  bill,  the  commission  is  to  write  the 


SESSION  OF  1919  349 

names  of  those  "who  voted  in  the  county  at  the  last  general  elec- 
tion held  therein."  It  does  not  provide,  as  was  evidently  intended, 
that  the  names  of  those  who  voted  at  the  last  general  election  prior 
to  the  time  of  the  writing  of  the  names  should  be  written.  As 
passed,  only  the  names  of  those  could  be  written  who  voted  at  the 
last  general  election  prior  to  the  passage  of  the  act. 

Further,  subsection  3  of  the  bill  does  not  provide  for  the  com- 
mission making  further  investigation  or  any  investigation  but  says 
the  commission  is  "empowered  to  cause  further  investigation"  to 
be  made.  Whatever  investigation  is  to  be  made  should  be  made  by 
the  commission  and  not  by  someone  empowered  to  do  so  by  them. 

The  bill  does  not  provide  that  the  commission  shall  reject  the 
names  of  those  who,  to  their  knowledge,  are  disqualified.  It  says 
they  may  do  so. 

Being  in  accord  with  neither  the  purpose  of  the  bill  nor  its  pres- 
ent phraseology,  I  withhold  my  approval  of  it. 

Respectfully  submitted, 
EMANUEL  L.  PHILIPP, 

Dated,  June  23,  1919.  Governor. 


To  the  Honorable,  The  Senate: 

Pursuant  to  the  statute  governing,  I  hereby  nominate  and,  by 
and  with  the  advice  and  consent  of  the  Senate,  appoint 

Ellen  0.  Sabin,  of  Milwaukee,  Wisconsin,  to  be  a  member  of 
the  State  Board  of  Education,  for  the  term  ending  August  1,  1924. 
Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 
Dated,  June  25,  1919. 


To  the  Honorable,  The  Senate: 

Pursuant  to  the  statutes  governing,  I  hereby  nominate  and, 
by  and  with  the  advice  and  consent  of  the  Senate,  appoint 

Fred.  H,  French,  of  Milwaukee,  Wisconsin,  to  be  a  member  of 
the  Industrial  Commission  of  Wisconsin,  for  the  term  ending 
June  30th,  1925. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor, 
Dated,  June  26,  1919. 


350  MESSAGES  TO  THE  LEGISLATURE 

To  the  Honorable,  The  Senate: 

I  herewith  return  without  my  approval  Bill  No.  434,  S. 

This  bill  raises  the  age  limit  for  attendance  at  vocational  schools 
after  September  1,  1920,  from  seventeen  years  to  eighteen  years.  It 
also  provides  that  the  permit  age  after  that  date  shall  be  eighteen 
years  instead  of  seventeen  years. 

I  am  advised  by  the  State  Board  of  Vocational  Education  that 
this  bill  would  increase  the  percentage  of  minors  attending  voca- 
tional schools  approximately  forty  per  cent.  I  am  also  advised 
by  said  Board  that  they  cannot  possibly  take  care  of  the  increase 
provided  for  in  this  bill  by  September  1,  1920,  for  three  reasons. 
First,  they  have  not  sufficient  funds  with  which  to  carry  out  its 
provisions;  second,  the  local  municipalities  are  limited  by  statute 
in  the  amount  they  can  raise  for  vocational  education,  which  limit 
is  insufficient  to  permit  such  municipalities  to  take  on  the  addi- 
tional burden  imposed;  third,  that  even  though  sufficient  funds 
were  available,  it  would  be  impossible  to  provide  necessary  build- 
ings in  which  to  accommodate  the  increased  attendance. 

In  fact,  in  some  parts  of  the  state,  notably  in  Milwaukee,  there 
are  those  who  are  now  compelled,  under  the  statute,  to  attend  voca- 
tional schools,  with  the  result  that  those  attending  such  schools  in 
Milwaukee,  are  receiving  but  four  hours  of  instruction  per  week, 
whereas  the  statute  provides  for  eight. 

I  am  also  advised  by  the  member  of  the  Industrial  Commission 
who  is  an  ex-officio  member  of  the  State  Board  of  Vocational  Edu- 
cation that  the  Industrial  Commission  has  insufficient  funds  with 
which  to  carry  out  the  provisions  of  the  bill  relating  to  the  issuing 
of  permits. 

It  is  urged  by  some  that  the  state  ought  not  to  raise  the  age  at 
which  minors  are  compelled  to  attend  vocational  schools  nor  the 
permit  age  from  seventeen  years  to  eighteen  years.  But  as  this 
question  is  a  matter  of  public  policy  which  the  Legislature  has 
determined  affirmatively,  I  should  -feel  it  my  duty  to  give  this 
bill  my  approval  were  it  not  for  the  fact  that  its  provisions  can  not 
be  carried  out  for  the  reasons  above  stated. 

As  both  the  Vocational  Board  of  Education  and  the  Industrial 
Commission  are  unable  at  this  time  to  carry  out  the  provisions 
of  this  bill,  I  would  suggest  that  the  question  of  raising  the  age 
limit  be  referred  to  these  two  bodies  and  that  they  report  to  the 
next  legislature  both  as  to  the  advisability  of  raising  the  age  limit 


SESSION  OF  1919  351 

and  as  to  the  time  when  they  will  be  so  situated  that  they  and 
the  municipalities  in  which  vocational  schools  are  located  can 
take  on  the  additional  burden  if  the  age  limit  is  to  be  raised. 

If,  in  the  end,  it  is  found  to  be  in  the  public  interest  to  increase 
the  compulsory  vocational  school  age  to  eighteen  years,  the  prac- 
tical way  to  proceed  would  be  to  first  make  the  necessary  appro- 
priations and  provide  the  necessary  buildings  so  as  to  be  prepared 
to  care  for  this  large  number  of  additional  pupils  rather  than  pass 
a  law  under  which  they  are  compelled  to  receive  this  additional 
instruction  with  no  provisions  for  carrying  it  out. 

Eespectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 
Dated,  June  25,  1919. 


To  the  Honorable,  The  Assembly: 

I  herewith  return  without  my  approval  Bill  No.  183,  A. 

This  bill  provides  that  whenever  an  error  has  been  made  in  any 
income  tax  assessment  by  either  the  assessor  of  incomes  or  the 
tax  commission,  resulting  in  either  a  larger  or  a  smaller  assessment 
than  ought  to  have  been  made,  either  the  assessor  of  incomes  or 
the  tax  commission  respectively  shall  have  authority  to  correct 
the  assessment  and  certify  the  amount  of  tax  properly  due  to  the 
treasurer  of  the  district  "and  said  treasurer  shall  collect  from  the 
person  owing  the  tax  the  amount  so  certified  whether  it  is  greater 
or  less  than  that  appearing  on  the  tax  roll." 

You  will  note  that  either  the  assessor  of  incomes  or  the  tax 
commission,  as  the  case  may  be,  may  increase  as  well  as  decrease 
the  income  tax  assessment.  No  provision  is  made  for  giving  any 
notice  to  the  person  whose  income  tax  is  thus  increased  before 
the  increase  is  made;  neither  is  he  given  the  right  to  appeal  after- 
wards. Thus  an  arbitrary  increase  in  the  income  tax  assessment 
may  be  made  under  the  provisions  of  the  bill  without  notice  or 
hearing  or  the  right  to  have  the  same  reviewed  by  the  Board  of 
Keview  or  otherwise.  In  all  other  tax  proceedings,  including  the 
original  income  tax  assessment,  the  right  of  review  or  appeal  is 
given.  Under  the  provisions  of  this  bill  property  is  taken  with- 
out due  process  of  law  and  the  person  whose  property  is  thus 


352  MESSAGES  TO  THE  LEGISLATURE 

taken  is  denied  the  equal  protection  of  the  law — both  contrary 
to  constitutional  provisions. 

For  these  reasons,  1  can  not  give  the  bill  my  approval. 
Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 
Dated  June  26,  1919. 


To  the  Honorable,  The  Assembly: 

You  have  before  you  Senate  Bill  No.  538,  which  contains  the 
following  provisions: 

It  directs  that  a  tax  of  three  mills  on  every  dollar  of  the  as- 
sessed valuation  of  the  property  of  the  state  be  placed  upon  the 
tax  roll  of  1919,  and  in  addition  thereto  a  surtax  on  every  per- 
son's taxable  income  which  begins  with  the  levy  of  one  and  three 
quarters  per  cent  on  the  fourth  one  thousand  dollars  and  increases 
with  each  additional  one  thousand  dollars  income  until  it  reaches 
twelve  thousand  dollars,  and  upon  that  and  all  larger  amounts  it 
levies  a  tax  of  six  per  cent. 

In  addition  it  levies  a  surtax  on  the  income  of  corporations  be- 
ginning with  two  per  cent  on  one  thousand  dollars  and  increases 
with  each  additional  one  thousand  dollars  income  until  it  reaches 
seven  thousand  dollars,  and  that  and  all  larger  amounts  are  taxed 
at  the  rate  of  six  per  cent. 

The  income  tax  provided  in  the  bill  exempts  an  income  of  six 
per  cent  on  the  capital  stock,  surplus  and  undivided  profits  of  a 
corporation.  No  offset  will  be  allowed  for  personal  property  taxes 
paid. 

The  mill  tax  is  estimated  to  yield  approximately  fifteen  million 
dollars.  It  is  generally  conceded  by  men  capable  of  making  a  fair 
estimate  that  the  income  tax  provision  would  yield  between  five 
and  six  million  dollars.  It  is  a  safe  estimate  to  state  that  the  sys- 
tems combined  will  yield  twenty  million  dollars. 

The  money  which  this  bill,  if  it  becomes  a  law,  will  raise  shall 
be  used  to  pay  a  bonus  to  the  soldiers,  sailors,  marines  and  nurses 
that  served  during  the  World  War,  the  distribution  to  be  made  up- 
on the  following  basis:  To  each  and  every  person  named  there 
shall  be  paid  a  sum  not  exceeding  ten  dollars  for  each  month  of 
service,  with  a  minimum  of  fifty  dollars,  as  a  token  of  appreciation 
of  the  character  and  spirit  of  their  patriotic  service,  and  so  forth. 


SESSION  or  1919  353 

No  figures  are  available  now  which  would  with  any  accuracy 
give  the  total  amount  that  the  state  must  pay  in  compliance  with 
the  proposed  statute.  It  is,  however,  estimated  that  the  total 
amount  of  the  tax  levy  would  be  used — in  fact,  there  is  a  question 
whether  it  would  be  sufficient. 

This  proposed  tax  levy  is  probably  the  largest  that  ever  was 
made  in  a  state  of  two  and  one-half  million  people,  and  in  this 
connection  I  should  remind  you  that  we  have  already  appropri- 
ated five  hundred  thousand  dollars  to  care  for  the  sick  and  needy 
soldiers,  sailors  and  marines,  and  that  another  bill,  which  in  leg- 
islative circles  is  known  as  the  "Nye  Bill,"  is  now  on  the  way  to 
the  Executive  Chamber,  which,  if  approved,  will  cost  large  sums. 
It  provides  that  every  soldier,  sailor  or  marine  who  served  during 
the  World  War  may  enter  any  of  the  normal  schools  or  the  state 
university  and  receive  thirty  dollars  per  month  from  the  state  dur- 
ing a  period  of  four  years,  or  the  term  through  which  he  attends 
school. 

Just  how  many  soldiers  will  take  advantage  of  that  bill  if  it 
becomes  a  law  is  problematical.  We  know  this,  however,  that  a 
four  year  term  will  cost  the  state  over  one  thousand  dollars  per 
soldier.  It  seems  to  me  that  it  is  conservative  to  estimate  that 
ten  per  cent  of  the  number  enlisted  will  take  advantage  of  this 
offer,  particularly  in  view  of  the  fact  that  the  law  permits  adults 
to  take  special  courses,  which  would  mean  that  there  is  no  age  re- 
striction. If  the  estimate  of  ten  per  cent  is  correct  it  will  require 
ten  million  dollars  to  carry  through  the  provisions  of  the  Nye  Bill. 
Therefore  the  amount  of  money  required  to  meet  the  obligations 
created  by  this  session  for  the  benefit  of  the  soldiers  will  reach 
over  thirty  million  dollars. 

While  we  all  feel  grateful  to  our  soldier  boys  for  their  patriotic 
services,  I  feel  that  we  should  not  appropriate  these  tremendous 
sums  of  money  without  consulting  the  people,  and.  I  should  say 
in  this  connection  that  the  appropriation  of  five  hundred  thousand 
dollars  to  take  care  of  the  sick  and  needy  has  already  been  approved 
and  is  therefore  a  law. 

May  I  suggest  to  you  that  you  deal  with  Bill  No.  538,  S.,  which 
appropriates  approximately  twenty  million  dollars  as  follows:  That 
instead  of  either  approving  or  disapproving  the  bill  at  this  time 
you  pass  a  substitute  with  the  following  provisions:  Refer  the 
question  of  the  tax  levy  which  must  be  made  to  meet  it  this  year 


354  MESSAGES  TO  THE  LEGISLATURE 

to  a  vote  of  the  people,  to  be  voted  upon  at  a  special  election  to 
be  called  by  the  governor,  through  the  secretary  of  state,  on 
August  19,  1919.  If  the  levy  is  approved  by  the  people  the  Act 
should  request  the  governor  to  call  a  special  session  of  the  Legis- 
lature immediately  after  the  referendum  vote  is  canvassed  and 
counted,  for  the  purpose  of  enacting  the  necessary  legislation  to 
make  the  law  operative,  the  special  session  to  be  held  only  if  the 
people  by  their  vote  approve  the  tax  levy. 

The  referendum  vote  and  the  action  of  the  legislature  will  in 
no  wise  interfere  with  placing  the  tax  levy  upon  the  tax  roll  of 
1919  and  will,  therefore,  in  no  sense  defer  the  time  when  the 
soldier  may  receive  his  bonus. 

It  is  currently  reported  that  the  national  government  is  seriously 
considering  a  like  proposition,  and  in  the  event  that  Congress 
appropriates  a  sum  that  is  substantially  equivalent  to  the  per 
capita  amount  herein  provided  and  for  the  same  general  purpose, 
then  there  should  be  no  further  appropriation  by  the  state,  and 
the  bill  which  I  have  suggested  that  you  pass  should  become  null 
and  void,  provided  such  action  is  taken  by  Congress  prior  to  the 
time  for  calling  a  special  session  of  the  Legislature. 
Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Dated,  June  28th,  1919.  Governor. 


To  the  Honorable,  The  Assembly: 

I  herewith  return  without  my  approval  Bill  No.  405,  A. 

The  provision  requiring  the  approval  of  judges  of  the  circuit 
courts  of  the  appointments  of  deputy  clerks  of  the  circuit  courts 
has  been  on  the  statute  books  since  1849  and,  so  far  as  I  know,  has 
given  universal  satisfaction.  The  clerk  and  his  deputies  are,  in  a 
sense,  officers  of  the  court  and  their  efficiency  and  qualifications  are 
a  matter  of  deep  concern,  and  rightly  so,  to  the  judges  of  the  court. 

The  reason  for  exempting  Milwaukee  County  from  the  pro- 
visions of  this  law  must  be  based  upon  one  of  two  grounds:  First. 
because  there  is  more  than  one  deputy  clerk  in  said  county  or, 
Second,  because  deputy  clerks  were  thought  to  be  under  the  civil 
service  law  of  that  county. 

As  to  the  first  ground,  there  are  counties  in  the  state  other 
than  Milwaukee  County,  which  have  more  than  one  deputy. 

As  to  the  second  ground,  the  civil  service  law  of  Milwaukee 


SESSION  OP  1919  355 

County  does  not  cover  a  deputy  clerk  of  the  circuit  court.  See 
Section  772 — 4  of  the  statutes  as  renumbered  and  amended  by 
Bill  439,  S.,  now  Chapter  365,  Laws  of  1919. 

Believing  that  no  good  purpose  can  be  served  by  exempting 
Milwaukee  County  from  the  provisions  of  this  old  and  wholesome 
statute,  I  do  not  feel  that  I  can  give  this  bill  my  approval. 
Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 
Dated  July  1,  1919.  Governor. 


To  the  Honorable,  The  Assembly: 

I  herewith  return  without  my  approval  Bill  No.  152,  A. 

This  bill  is  designed  to  enlarge  the  number  of  policy  holders  in 
the  life  fund  by  providing  for  the  appointment  by  the  Commis- 
sioner of  Insurance  of  agents  to  solicit  insurance  on  behalf  of  the 
life  fund.  This  bill  provides  for  the  compensation  of  such  agents 
from  the  premiums  collected,  but  makes  no  provision  for  loading 
the  present  premiums  to  care  for  the  additional  expenses. 

The  amount  of  loading  for  expenses  and  contingencies  is  lim- 
ited by  statute.  Subsection  4  of  section  1989m  provides:  "The 
premiums  for  life  insurance  in  the  life  fund  shall  be  based  upon 
the  American  experience  table  of  mortality  with  additions  for  extra 
hazards  and  with  interest  at  three  per  cent  per  annum,  to  which 
shall  be  added  for  expenses  and  contingencies  $2.00  per  year  per 
thousand  dollars  of  insurance  and  an  amount  distributed  equally 
through  each  of  the  possible  premium  payments,  the  present  value 
of  which  shall  be  equal  to  one-sixth  of  the  present  value  of  the 
cost  of  insurance  on  the  basis  aforesaid." 

Subsection  5  of  the  same  section  provides:  "The  premiums 
for  annuities  shall  be  based  upon  the  British  offices  annuity  tables, 
1893,  with  interest  at  three  per  cent  per  annum  with  additions 
for  expenses  and  contingencies  distributed  equally  through  each 
of  the  premium  payments,  the  present  value  of  which  shall  be  one- 
sixth  of  the  net  single  premium  for  such  annuity." 

It  will  be  seen  that  the  law  now  provides  for  loading  for  ex- 
penses and  limits  the  amount  which  can  be  charged  to  each  policy 
for  expenses  of  maintaining  the  fund.  The  loading  for  expense 
is  practically  all  absorbed  by  the  payment  of  one-half  of  the  salary 
of  a  clerk  in  the  department  of  insurance  for  services  to  the  life 
fund. 


356  MESSAGES  TO  THE  LEGISLATURE 

The  amount  which  may  be  retained  as  commissions  is  also  lim- 
ited by  statute.  Paragraph  (b)  of  subsection  13  of  section  1989m 
provides:  "There  shall  be  retained  by  any  person  insured  paying 
direct,  or  by  any  other  person  transmitting  any  premium,  a  fee 
of  twenty-five  cents  for  each  application  and  a  fee  of  one  per  cent 
on  the  amount  of  the  premium." 

The  subsection  is  repealed  by  this  bill  and  the  commission 
increased  to  fifty  cents  for  each  one  hundred  dollars  of  insurance 
issued,  plus  ten  per  cent  of  the  first  premium. 

The  bill  not  only  provides  for  greatly  increased  commissions, 
but  makes  no  provision  to  take  care  of  this  extra  compensation. 
The  only  fund  from  which  this  commission  can  be  tak^n  is  from 
the  surplus  fund  which  has  been  built  up  by  present  and  past 
policy  holders  and  out  of  dividends  which  belong  to  them. 

This  bill  is  inconsistent  with  the  act  establishing  the  life  fund. 
If  this  bill  should  become  a  law,  the  result  would  be  that  the 
present  policy  holders  would  be  compelled  to  bear  the  burden  of 
the  additional  commissions  either  from  the  surplus  which  belongs 
to  the  present  policy  holders  or  by  way  of  reduced  dividends. 
The  effect  of  the  bill  would  be  to  decrease  the  security  of  present 
and  future  policy  holders  and  the  ability  of  the  life  fund  to  ma- 
ture its  contract.  In  other  words,  if  these  extra  commissions  are 
paid,  there  is  no  fund  from  which  the  money  is  obtainable  ex- 
cepting from  the  surplus  or  from  dividends,  both  of  which  belong 
to  past  and  present  policy  holders. 

I  take  the  liberty  of  calling  your  attention  to  what  I  said  in  my 
message  to  you  on  this  subject:  "If  this  enterprise  (state  life 
insurance)  is  to  prosper  and  grow,  as  it  must  to  have  a  normal 
experience,  it  must  have  an  organization  for  soliciting  business. 
If  the  expense  of  such  an  organization  is  incurred,  the  fund  can 
offer  no  inducement  not  offered  by  privately  managed  life  insur- 
ance companies  and  fraternal  societies." 

Not  only  would  this  bill  so  affect  the  life  fund  so  that  it  "can 
offer  no  inducement  not  offered  by  privately  managed  life  insur- 
ance companies  and  societies,"  but  it  would  so  deplete  surplus  and 
dividends  that  the  fund  would  be  unable  to  mature  its  contracts. 

Eespectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor, 
Dated  July  3,  1919. 


SESSION  OF  1919  357 

To  the  Honorable,  The  Assembly: 

I  herewith  return  without  my  approval  Bill  No.  483,  A. 

This  bill  provides  that  the  supervisors  of  any  town  may  close 
any  portion  of  a  highway  to  traffic  or  travel  during  the  progress 
of  repair  or  construction  and  may  erect  "barriers  at  either  or 
both  ends  of  the  portion  of  such  highway  thus  designed  to  be 
closed  to  travel."  The  bill  further  provides  that  any  person  who 
travels  upon  any  portion  of  the  highway  closed  by  the  erection 
of  a  barrier  shall  be  guilty  of  a  misdemeanor  and  punished  by  a 
fine  of  not  less  than  ten  dollars  nor  more  than  one  hundred 
dollars  or  by  imprisonment  in  the  county  jail  for  not  less  than 
ten  nor  more  than  sixty  days  or  by  both  such  fine  and  imprison- 
ment. If  this  bill  were  to  become  a  law  in  its  present  form,  the 
result  would  be  that  any  highway  might  be  closed  by  erecting  a 
barrier  at  one  end  only  of  a  highway  thus  closed  and  yet  fine  or 
imprison  anyone  traveling  on  the  enclosed  highway  up  to  the 
barrier.  If  anyone  is  to  be  punished  for  traveling  upon  a  closed 
highway  there  should  be  a  barrier  at  both  ends  of  the  closed 
portion  of  the  highway. 

The  time  within  which  I  must  either  approve  or  disapprove  of 
this  bill  expires  July  4th,  and  as  the  Legislature  is  not  in  session 
until  after  that  date,  it  is  impossible  for  me  to  suggest  that  the  bill 
be  recalled  and  amended  by  striking  out  the  words  "either  or"  in 
line  5  of  the  enrolled  act,  and  I  am,  therefore,  compelled  to  return 
the  bill  to  you  unapproved. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 

Dated  July  3,  1919. 


To  the  Honorable,  The  Assembly: 

I  return  herewith  Bill  No.  587,  A.  without  my  approval. 

This  bill  is  a  re-enactment  of  Bill  No.  29,  A.  which  I  vetoed 
under  date  of  April  23,  1919.  It  may  be  said  that  it  in  a  measure 
changes  the  method  of  procedure,  however  in  its  general  provisions 
it  remains  the  same  as  the  former  bill  upon  the  subject  and  it 
amounts  to  legislative  recall  of  public  officers,  except  such  as  are 
specifically  provided  for  by  the  constitution.  The  objections 
which  I  presented  to  you  in  my  veto  of  Bill  No.  29,  A.,  apply 
to  this  bill  also  and  I  will  repeat  here  in  part  what  I  said  in  my 


358  MESSAGES  TO  THE  LEGISLATURE 

former  veto  in  opposition  to  the  principle  of  a  legislative  recall  of 
appointive  officers. 

This  hill  is  an  amendment  to  Section  12.23  and  13.24  which 
provide  for  an  interrogation  of  public  officers  by  either  or  both 
houses  of  the  Legislature,  and  under  the  statute  so  amended  the 
scope  of  the  hearing  may  be  said  to  be  in  a  degree  limited;  how- 
ever, each  member  of  the  Legislature  will  have  the  privilege  of 
voting  for  the  removal  of  public  officers  for  any  reason  that  is 
satisfactory  to  his  own  mind. 

Briefly  stated,  under  the  provisions  of  this  bill  it  will  be  with- 
in the  power  of  the  Legislature  to  remove  any  public  officer  whose 
office  comes  within  the  scope  of  this  bill  for  any  reason  what- 
soever whether  it  be  personal  or  political — in  fact,  the  removal 
may  be  brought  about  by  a  combination  of  small  groups  of  men 
who  oppose  the  incumbent  for  as  many  reasons  as  there  are  groups. 

Since  1900  the  Legislature  has  created  a  number  of  commissions 
to  which  have  been  assigned  important  administrative  functions. 
The  history  of  the  legislation  which  created  them  is  not  so  old 
that  we  cannot  recall  the  circumstances  that  surrounded  these 
measures  and  the  promises  that  were  made  to  the  people  at  the 
time  they  were  created.  In  delegating  great  powers  to  these  ad- 
ministrative bodies  it  has  been  a  matter  of  deep  concern  to  the 
legislators  and  the  people  that  they  be  placed  out  of  the  reach 
of  political  influences. 

In  the  case  of  the  Eailroad  Commission  the  proposition  to  elect 
the  Commissioners  by  popular  vote  was  rejected  by  the  Legisla- 
ture for  the  reason  that  the  effect  of  their  rulings  may  so  vitally 
affect  the  general  welfare  of  the  people  that  it  was  deemed  un- 
wise to  select  its  members  by  popular  vote  because  it  was  gener- 
ally believed  that  there  was  danger  that  special  interests  might, 
with  the  use  of  money  and  influence,  affect  elections. 

The  bill  in  question  may  accomplish  indirectly  what  the  Legis- 
lature and  the  people  sought  to  avoid  at  the  time  that  the  Rail- 
road Commission  was  created.  If  it  is  within  the  power  of  the 
Legislature  to  remove  any  member  of  that  Commission  at  will  we 
will  then  have  provided  a  method  by  which  private  interests  that 
may  have  a  grievance  against  a  commissioner  because  he  has 
refused  to  yield  to  their  demands  may  bring  about  his  removal 
by  entering  the  legislative  campaigns  and,  with  the  use  of  money 
and  influence,  send  men  to  the  Legislature  committed  to  the  prop- 


SESSION  or  1919  359 

osition  of  the  removal  of  such  commissioner.  In  other  words, 
we  will  expose  the  entire  administrative  force  who  hold  their 
office  by  reason  of  appointment  to  political  influence,  and  no 
commissioner  or  officer  will  be  safe  in  his  position  unless  he  has 
at  all  times  his  ear  to  the  ground  and  is  willing  to  barter  the  pub- 
lic interest  for  political  influence. 

In  my  judgment  the  legislative  recall  of  appointive  officers  is 
a  departure  from  the  forms  of  government  established  by  our 
constitution  both  national  and  state.  The  constitution  prescribes 
the  distribution  of  power  to  the  different  departments  of  gov- 
ernment and  the  limitations  upon  the  officers  invested  with  the 
authority  in  each  department.  The  distribution  follows  the  nat- 
ural and  logical  lines  of  the  distinction  between  the  different 
kinds  of  power  —  legislative,  executive  and  judicial.  To  each 
branch  has  been  assigned  certain  functions.  To  the  executive  is 
given  the  power  and  upon  him  is  placed  the  responsibility,  for 
the  execution  of  the  law.  The  responsibility  to  the  people  for 
the  proper  administration  of  the  laws  and  policies  laid  down  by 
the  Legislature,  and  which  are  carried  out  by  these  administra- 
tive bodies,  rests  if  not  directly  at  least  indirectly  upon  him,  and 
I  think  properly  so. 

Our  constitution  in  describing  the  Governor's  duties  says  that 
he  "shall  take  care  that  the  laws  be  faithfully  executed."  If 
the  Legislature  will  assume  the  right  to  remove  public  officers,  we 
shall  then  have  a  divided  authority  and  a  divided  responsibility 
and  will  hav.e  destroyed  the  systematic  process  of  government 
that  our  constitutions  provide. 

I  have  reasons  to  suggest  to  you  that  this  bill  may  be  unconsti- 
tutional. The  Supreme  Court  of  Missouri  has  held  that  a  pro- 
viso in  an  appropriation  bill  that  none  of  the  money  should  be 
available  or  paid  so  long  as  the  then  commissioner  remained  in 
office  was  unconstitutional  because  the  Legislature  could  not  say 
indirectly  who  should  be  appointed  to  or  removed  from  an  ap- 
pointive office. 

In  discussing  this  bill  I  should  not  fail  to  remind  you  of  the 
fact  that  the  principle  of  the  recall  was  submitted  to  a  vote  of 
the  people  in  the  form  of  a  constitutional  amendment  as  late  as 
1914  and  was  overwhelmingly  rejected.  Nothing  has  transpired 
since  then  that  may  cause  us  to  believe  that  there  is  any  radical 
change  in  public  sentiment  upon  that  question. 


360  MESSAGES  TO  THE  LEGISLATURE 

The  objections  which  I  have  stated  forbid  me  to  give  this  bill 
my  approval. 

Eespectfully  submitted, 

EMANUEL  L.  PHILIPP, 
Dated,  July  2,  1919.  Governor. 


To  the  Honorable,  The  Assembly: 

I  herewith  return  without  my  approval  Bill  No.  626,  A. 

It  has  always  been  the  policy  of  the  Board  of  Eegents  of  the 
University,  and  1  think  wisely  so,  to  require  the  unit  or  units  of 
government  where  state  agricultural  experimental  stations  are 
located,  to  contribute  the  land  on  which  these  stations  are  at  first 
located. 

Ashland  contributed  160  acres,  Spooner  80  acres,  and  Marsh-, 
field  80  acres.  I  am  advised  that  when  the  station  was  located 
at  Hancock  it  was  with  the  understanding  that  there  would  be 
contributed  to  the  state  an  eighty  acre  tract  and,  by  an  act  passed 
in  1917,  an  additional  forty  acres  was  to  be  contributed. 

It  now  develops  that  the  eighty  acres  first  promised  is  not  to 
be  contributed  but  is  to  be  sold  to  the  state  for  $3,346.27. 

I  deem  it  unwise  to  sanction  any  departure  from  the  policy 
heretofore  pursued  by  the  Board  of  Eegents  of  the  University 
and  in  this  I  am  supported  by  the  Finance  Committee  of  the 
Legislature,  who  twice  recommended  this  bill  for  indefinite  post- 
ponement. 

For  the  foregoing  reason,  I  decline  to  give  this  bill  my  ap- 
proval. 

Eespectfully  submitted, 

EMANUEL  L.  PHILIPP, 
Dated,  July  3,  1919.  Governor. 


To  the  Honorable,  The  Assembly: 

I  herewith  return  without  my  approval  Bill  No.  633,  A. 

This  bill  appropriates  $5,000  to  pay  the  expense  of  a  joint 
legislative  committee  to  cooperate  with  the  Board  of  Public  Af- 
fairs, the  Civil  Service  Commission  and  the  State  Engineer  in 
making  a  study  of  the  salaries  and  wages  paid  to  those  in  the 
service  of  the  state  and  to  report  to  the  next  Legislature  its  rec- 
ommendation in  the  form  of  a  bill  for  the  revision  of  such  sal- 
aries and  wages. 


SESSION  OF  1919  361 

I  have  no  objection  to  a  legislative  committee  or  any  member 
of  the  Legislature  cooperating  with  the  Board  of  Public  Affairs  or 
any  other  state  agency  in  conducting  any  investigation. 

The  Board  of  Public  Affairs,  however,  has  the  authority  and 
the  necessary  machinery  for  making  the  investigation  provided 
for  in  this  bill. 

It  may  be  well  in  this  connection  to  call  attention  to  the  fact 
that  the  Legislature  has  four  members  on  the  Board  of  Public 
Affairs. 

As  the  Legislature  has  expressed  its  desire  to  have  this  investi- 
gation made,  I  will  see  to  it  that  the  Board  of  Public  Affairs  does 
make  such  investigation  and  reports  its  recommendations  to  the 
next  Legislature.  This  investigation  can  be  made  by  the  Board 
of  Public  Affairs  out  of  its  present  appropriation  and  thereby  the 
state  will  be  saved  the  $5,000  appropriated  by  this  bill. 

In  the  interests  of  economy  in  the  administration  of  the  affairs 
of  the  state,  I  consider  it  my  duty  to  prevent  all  unnecessary  ex- 
penditures of  public  funds,  and  as  it  is  my  opinion  that  this  in- 
vestigation can  be  properly  made  by  the  Board  of  Public  Affairs, 
at  a  saving  to  the  state,  I  deem  it  my  duty  to  withhold  my  ap- 
proval of  this  bill. 

Respectfully  submitted, 

EMANTJEL  L.  PHILIPP, 

Governor. 

Dated,  July  2,  1919. 


To  the  Honorable,  The  Senate: 

I  herewith  return  without  my  approval  Bill  No.  406,  S. 

This  bill  amends  Section  40.02  of  the  Statutes.  Bill  No.  231,  A., 
now  Chapter  166,  Laws  of  1919,  also  amended  this  same  section, 
but  said  amendment  is  not  incorporated  in  this  bill.  The  effect, 
therefore,  if  this  bill  should  become  a  law,  would  be  to  repeal 
Chapter  166. 

No  limit  is  placed  upon  the  amount  for  which  the  state  might 
be  liable  under  this  bill.  It  is  estimated  that  the  amount  would 
not  exceed  $15,000.  In  my  opinion,  it  would  be  unwise  not  to 
incorporate  in  this  bill  a  limit  on  the  state's  liability. 

The  bill,  as  originally  introduced,  contained  a  provision  that 
no  state  aid  should  be  given  under  the  bill  to  any  district  if  it 
was  advisable  to  consolidate  said  district  with  one  or  more  ad- 


362 

joining  districts.  Nor  should  state  aid  be  given  on  account  of 
any  school  if  it  is  feasible  to  provide  for  instruction  of  the  pupils 
of  said  school  in  some  other  school.  I  think  this  provision  should 
have  been  retained  in  this  bill. 

The  time  within  which  I  may  retain  the  bill  without  its  becom- 
ing a  law  expires  on  July  4th,  and,  as  the  Legislature  is  not 
to  be  again  in  session  until  after  that  date,  it  is  impossible  for  me 
to  have  the  bill  recalled  for  the  purpose  of  incorporating  the 
amendments  above  suggested.  If,  however,  the  Legislature  sees 
fit  to  pass  another  bill  on  this  subject,  incorporating  therein  the 
features  above  indicated,  I  shall  be  pleased  to  give  the  same  my 
approval. 

Respectf  ully  submitted, 

EMANUEL  L.  PHILIPP, 

Dated,  July  3,  1919.  Governor. 


To  the  Honorable,  The  Senate: 

Pursuant  to  the  statute  governing,  I  hereby  nominate  and,  by 
and  with  the  advice  and  consent  of  the  Senate,  appoint 

Miss  Maude  E.  Neprud,  of  Viroqua,  Wisconsin,  to  be  a  member 
of  the  State  Board  of  Control  for  the  term  ending  the  first  Monday 
in  February,  1921, 

Mr.  George  B.  Harris,  of  Waukesha,  Wisconsin,  to  be  a  member 
of  the  State  Board  of  Control  for  the  term  ending  the  first  Monday 
in  February,  1923, 

Mr.  E.  A.  Everett,  of  Eagle  River,  Wisconsin,  to  be  a  member 
of  the  State  Board  of  Control  for  the  term  ending  the  first  Monday 
in  February,  1925. 

Respectfully  submitted, 

EMANTJEL  L.  PHILIPP, 

Dated,  July  8,  1919.  Governor. 


To  the  Honorable,  The  Senate: 

Pursuant  to  the  statute  governing,  I  hereby  nominate  and,  by 
and  with  the  advice  and  consent  of  the  Senate,  appoint 

Fred  M.  Wilcox,  of  Appleton,  Wis.,  to  be  a  member  of  the 
Industrial  Commission  of  Wisconsin,  for  the  term  ending  June 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 
Dated,  July  9,  1919.  Governor. 


SESSION  OF  1919  363 

To  the  Honorable,  the  Legislature: 

I  have  approved  Bill  No.  146,  S.,  which  relates  to  the  manu- 
facture, sale  and  transportation  of  intoxicating  liquors. 

The  bill  defines  intoxicating  liquors  to  mean  any  beverage  or 
patent  medicine  capable  of  being  used  as  a  beverage  that  con- 
tains more  than  two  and  one-half  per  cent  alcohol,  and  forbids 
the  manufacture,  sale  or  transportation  of  such  beverage  or  medi- 
cine in  the  state  of  Wisconsin,  except  under  certain  restrictions 
contained  in  the  bill. 

All  beverages  or  patent  medicines  containing  less  than  two  and 
one-half  per  cent  alcohol  are  declared  to  be  non-intoxicating  and 
are  therefore  not  included  with  the  commodities  prohibited  by 
the  bill. 

The  bill  suspends  Chapter  66  of  the  statutes  of  Wisconsin  for 
1917,  entitled  "Excise  and  the  sale  of  intoxicating  liquors."  The 
suspension  of  this  section  permits  the  sale  of  beverages  and  patent 
medicines  of  less  than  two  and  one-half  per  cent  alcoholic  contents 
without  restriction.  In  my  judgment  this  should  not  be  done. 

Malt  or  vinous  beverages  permitted  to  be  sold  under  the  pro- 
visions of  Bill  No.  146,  S.,  should  not  be  sold  without  a  permit, 
subject  to  the  rules  and  regulations  that  controlled  the  sale  of 
such  beverages  when  the  alcoholic  contents  were  not  regulated  by 
law.  The  law  regulating  the  sale  and  handling  of  the  products 
above  referred  to  should  forbid  the  sale  to  minors  and  all  other 
persons  to  whom  this  privilege  was  formerly  denied. 

The  location  of  places  where  these  beverages  are  sold  should 
also  be  controlled  by  the  statute.  I  have  particular  reference 
to  the  provisions  of  Chapter  66  which,  with  some  exceptions, 
prohibited  the  sale  of  any  liquor  within  certain  distances  of  any 
school,  college  or  the  university,  any  church,  soldiers'  camp  or 
soldiers'  home.  In  fact,  all  the  provisions  contained  in  Chapter 
66,  which  regulated  the  liquor  traffic,  should  be  re-enacted,  and 
I  have  caused  a  bill,  which  contains  all  the  provisions  of  the 
chapter  I  have  referred  to,  to  be  prepared  and  submitted  to  your 
honorable  body. 


364  MESSAGES  TO  THE  LEGISLATURE 

I  trust  that  you  will  appreciate  the  importance  of  my  sugges- 
tions in  this  matter  and  that  you  will,  before  your  final  adjourn- 
ment, pass  the  legislation  upon  this  subject  that  I  am  asking  for. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 
Dated,  July  14,  1919.  - 


To  the  Honorable,  the  Legislature: 

I  have  before  me  bill  No.  614,  S.,  which  appropriates  a  sum  not 
to  exceed  one  hundred  thousand  dollars  for  the  maintenance  of 
twenty  local  free  employment  offices. 

I  believe  this  to  be  an  excessive  appropriation  for  the  purposes 
for  which  it  was  made  and  I  will  ask  you  to  reconsider  the  bill 
with  a  view  of  reducing  the  amount  in  the  interest  of  economy. 
I  believe  this  can  be  done  without  injury  to  the  service. 

In  order  that  you  may  better  understand  my  views  upon  the 
subject  I  submit  herewith  a  table  showing  the  number  of  agencies 
that  have  been  operated  within  the  state  in  the  past  six  months, 
the  cost  of  each  and  the  results  obtained.  This  table  has  been 
furnished  to  me  by  the  officer  of  the  United  States  Government, 
who  has  had  charge  of  these  agencies  during  the  six  months  that 
the  statement  covers. 


SESSION  OF  1919 


365 


PLACEMENTS    BY   OFFICES    IN    OPERATION   JUNE   30,    1019,    AT   THE   END 

OF   SIX    MONTHS. 


Offices 

Jan. 

Feb. 

March 

April 

May 

June 

Total 

Per- 
sonnel 

Salary 
and 
expenses 

Milwaukee 

4,426 

3,693 

3,320 

2,732 

4,094 

3,885 

22,150 

16 

$22,000 

Superior 

1,204 

1,006 

720 

836 

1,329 

1,044 

6,179 

4 

5,400 

Racine     

1,636 

973 

876 

800 

877 

671 

5,833 

3 

3,600 

Green    Bay 

610 

469 

489 

513 

780 

619 

3,480 

3 

3,600 

Kenosha     .         . 

841 

608 

537 

548 

317 

226 

3,077 

2 

2,500 

Hurley    

910 

480 

316 

118 

151 

193 

2,168 

2 

2,500 

Sheboygan 

270 

329 

272 

236 

541 

357 

2,005 

2 

2,500 

Rhinelander    

401 

299 

398 

213 

310 

328 

1,949 

2 

2,500 

Madison 

92 

249 

187 

262 

545 

546 

1,881 

2 

2.500 

\Vaukesha 

392 

437 

298 

421 

298 

1,846 

2 

2,500 

La    Crosse  „•  

219 

154 

133 

320 

450 

235 

1,511 

2 

2,500 

Oshkosh 

207 

201 

193 

243 

308 

357 

1,509 

2 

2,500 

Wausau    

329 

218 

105 

137 

202 

130 

1,121 

2 

2,500 

Ashland 

256 

168 

261 

122 

152 

156 

1,115 

2 

2  500 

Janesville 

138 

106 

99 

242 

211 

287 

1,083 

2 

2,500 

Marinette  

377 

249 

109 

68 

193 

996 

West  Allis  

284 

116 

109 

73 

221 

139 

942 

Eau    Claire  

244 

141 

61 

105 

97 

77 

725 

Marshfleld    

126 

101 

93 

115 

124 

139 

698 

Manitowoc     

157 

58 

98 

43 

202 

38 

596 

Watertown    

76 

52 

71 

33 

43 

39 

314 

Administration    and 
expense  

13,195 

10,147 

8,745 

7,691 

11,443 

9,957 

61,178 

48 

$62,100 
10  000 

Government    paying 
now  fifteen  offices 

$72,100 
18  000 

$54,10d 

*Not  in  operation  July  1:     Beloit,  Chippewa  Falls,  Menasha. 


MESSAGES  TO  THE  LEGISLATURE 


EMPLOYMENT   OFFICES 


Milwaukee — 16.. 


Superior — 3.. 


Racine. 


Green   Bay.. 


Eleven  Cities- 


Superintendent.  ................... 

Woman   Superintendent- 
Stenographer  ....................... 

Telephone   Girl  ...................  . 

Soldier  Bureau: 

Manager  ..................  _____  ..... 

Assistant  ........................... 

Women  —  1  ____________  ........  ______ 

1  ............................. 

........  '~"~'~"'~'~~ 


Men— 


4  ($1,500). 

1 

2  _____ 


16 


Superintendent 

Assistant  Superintendent.. 

1   Woman 

Stenographer 


Superintendent- 
Women. 

Stenographer 


Superintendent- 
Women _. 

Stenographer 


Each   2 

Superintendent- 
Women 


Administration   and   expenses 

Government  paying  now  fifteen  offices. 


$2,000 

1,500 

1,100 

900 

1,800 
1,500 
1,200 
1,100 
900 
6,000 
1,350 
2,400 


$1,800 

1,500 

1,200 

900 


$1,500 

1,200 

900 


$1,500 

1,200 

900 


$1,500 
1,000 


$2,500 


$22,000 


5,400 


3,600 


3,600 


27,500 


$62,100 
10,000 


$72,100 
18,000 

$54,100 


SESSION  or  1919  367 

I  think  it  is  an  entirely  fair  view  to  take  of  this  service  when 
I  say  that  an  agency  that  has  placed  less  than  one  thousand  peo- 
ple in  six  months  does  not  justify  its  existence.  This  will  elim- 
inate at  least  six  agencies  from  the  list.  Consolidations  can  be 
made  that  will  continue  at  least  two  agencies,  without  additional 
expense,  that  are  now  being  operated  separately. 

The  officer  in  charge  gives  it  as  his  best  judgment  that  an  ap- 
propriation of  fifty  thousand  dollars  will  be  sufficient  to  carry  on 
the  work  in  an  efficient  manner  and  give  assistance  to  all  who  can 
really  be  benefited  by  it. 

The  labor  situation  at  the  present  time  does  not  seem  to  call 
for  much  assistance  to  the  laboring  man  who  is  looking  for  work — 
in  fact,  jobs  are  looking  for  men  rather  than  men  for  jobs.  It  is 
a  recognized  fact  that  there  is  a  shortage  of  labor  in  the  factory 
and  on  the  farm,  and  no  able-bodied  man  who  is  willing  to  work 
is  justified  in  loitering  very  long  on  the  ground  that  he  does  not 
find  employment. 

Labor  agencies  may  be  useful  in  locating  men  in  jobs  that  are 
to  their  liking— in  fact  that  is  about  the  only  service  that  they 
can  now  render,  at  least  to  men,  at  a  time  when  farmers,  contrac- 
tors and  factories  are  all  looking  for  men  at  high  wages.  If  at 
any  time  it  becomes  apparent  that  returning  soldiers  are  not 
promptly  cared  for  I  shall  detail  members  of  the  State  Guard  to 
act  as  labor  agents  for  such  returning  soldiers.  That  service, 
however,  will  not  last  long  as  it  is  confidently  expected  that  the 
army  will  be  completely  demobilized  within  the  next  two  or  three 
months. 

I  feel  that  you  should  agree  with  me  that  it  is  our  duty  to  the 
taxpayer  to  trim  our  appropriations  wherever  we  can  do  so  with- 
out material  injury  to  the  state's  service.  In  this  connection 
I  wish  to  call  your  attention  to  the  fact  that  the  appropriations 
that  you  have  thus  far  made  amount  to  approximately  forty-five 
million  dollars  for  the  biennium.  This  compared  with  the  ap- 
propriations made  by  the  last  Legislature  of  thirty-four  million 
dollars  for  the  biennium  is  an  increase  of  eleven  million  dollars. 
This  does  not  take  into  account  the  amount  that  may  be  neces- 
sary to  finance  the  so-called  Nye  Educational  Bill.  If  that  be- 
comes a  law  it  may  require  two  million  or  ten  million  dollars.  No 
estimate  is  obtainable  at  this  time — it  depends  entirely  upon  the 


368  MESSAGES  TO  THE  LEGISLATURE 

number  of  soldiers  who  will  take  advantage  of  the  benefits  that 
the  law  offers. 

This  enormous  sum  of  money,  added  to  the  increased  appro- 
priations made  by  counties  and  municipalities,  particularly  by  the 
former  for  road  building,  will  bring  the  total  taxes  that  will  be 
collected  by  the  state,  counties  and  municipalities  to  a  very  large 
sum.  Unless  some  trimming  is  done  wherever  it  is  possible  the 
taxpayer  will  be  heard  from  when  the  bills  are  presented  to  him 
for  payment. 

We  must  not  forget  that  the  United  States  Government  is  col- 
lecting enormous  taxes  from  our  people,  and  there  is  no  indi- 
cation that  the  demands  from  that  source  will  be  reduced  within 
the  near  future.  The  tendency  of  the  Congress  to  continue  to 
make  billion  dollar  appropriations  is  beginning  to  alarm  thought- 
ful people.  There  will  be  no  complaint  about  paying  the  legiti- 
mate expenditures  of  the  war  but  now  that  the  war  is  over  the 
people  will  rightfully  demand  that  every  reasonable  economy  be 
practiced  by  our  government,  both  state  and  national.  Because 
the  spirit  of  wastefulness  has  prevailed  in  Congress  it  does  not 
follow  that  the  states  too  shall  engage  in  reckless  expenditures. 
The  question  may  properly  be  asked:  Where  is  the  money  coming 
from?  Must  the  people  in  the  end  devote  their  energies  entirely 
to  the  earning  of  money  for  the  payment  of  taxes? 

The  large  appropriations  that  have  been  made  have  caused  me 
to  send  this  message  to  you  to  call  your  attention  to  the  expendi- 
tures that  you  have  authorized,  and  I  ask  you  to  meet  my  views 
upon  such  appropriations  as  it  is  still  possible  to  curtail  in  order 
that  we  may  avoid  the  charge  of  having  been  wasteful  with  the 
people's  money. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Dated,  July  14,  1919.  Governor. 


To  the  Honorable,  the  Senate: 

I  return  herewith  Bill  No.  416,  S.,  without  my  approval. 

This  bill  changes  the  organization  of  party  committees  in  Mil- 
waukee city  and  county  to  the  basis  of  one  representative  from 
each  assembly  district. 

Party  committees  have  for  years  been  organized  on  the  basis 


SESSION  OF  1919  .  369 

of  one  member  from  each  ward  or  town.  Organizations  have  been 
made  upon  that  basis  and  I  have  heard  of  no  complaint  from 
either  the  city  of  Milwaukee  or  surrounding  towns  that  the  or- 
ganization created  by  the  present  law  makes  the  committee  too 
large  and  unwieldy. 

The  bill  takes  effect  upon  passage  and  publication  and  would 
abolish  the  pre'sent  county  committees,  which  could  not  be  re- 
organized until  after  another  primary  is  held.  In  the  county 
that  could  not  be  done  until  the  primary,  which  will  be  held  in 
September  of  1920.  This  would  in  effect  leave  the  political 
parties  of  that  county  and  city  without  any  official  organization. 

For  the  reasons  stated  I  cannot  approve  the  bill. 
Eespectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Dated,  July  14,  1919.  Governor. 


To  the  Honorable,  the  Senate : 

I  return  herewith  Bill  No.  348,  S.,  without  my  approval. 

This  bill  provides  for  a  compensation  of  thirty  dollars  per 
month  to  any  person  attending  school  under  its  provisions  who 
is  honorably  discharged,  released  or  on  a  furlough  from  any 
branch  of  the  military  or  naval  service  of  the  United  States, 
and  who  at  the  time  of  entering  such  service,  which  must  have 
been  prior  to  October  1st,  1918,  was  a  resident  of  this  state. 

He  may  elect  to  go  to  any  one  of  the  following  schools:  The 
Wisconsin  Mining  School,  Stout  Institute,  any  of  the  several  nor- 
mal schools,  the  State  University,  or  any  private  college  or  higher 
institution  of  learning  at  which  during  1918  there  was  located  a 
Students  Army  Training  Corps.  The  compensation  to  be  paid 
each  month  during  the  time  that  the  student  actually  attends 
such  school  and  for  a  period  not  to  exceed  four  years. 

The  benefits  of  this  bill  are  available  only  to  such  persons  who 
possess  the  necessary  entrance  requirements  of  the  institution 
which  he  elects  to  attend,  excepting  such  as  may  be  admitted  as 
adult  specials. 

It  will  be  observed  that  this  bill  grants  a  valuable  privilege 
to  such  discharged  soldiers,  sailors  and  marines  as  are  fortunate 
enough  to  have  a  high  school  education  or  its  equivalent,  but 
makes  no  provision  whatsoever  for  the  larger  number  who  rendered 
service  and  whose  education  ended  in  the  grades  or  country  school. 
It  should  be  needless  to  sav  that  those  who  are  so  situated  will  not 


370  MESSAGES  TO  THE  LEGISLATURE 

possess  the  necessary  educational  qualifications  to  give  them  admis- 
sion to  the  higher  institutions  of  learning. 

I  look  upon  this  bill  as  class  legislation  within  the  meaning 
of  our  Constitution  and  I  believe  it  to  be  wrong  in  principle  be- 
cause it  does  not  offer  equal  opportunities  to  the  men  who  have 
rendered  a  like  service. 

If  we  are  to  think  of  the  educational  needs  of  our  young  men 
we  cannot  avoid  the  conclusion  that  the  boy  who  left  school  when 
he  was  in  his  sixth  grade  or  who  had  merely  the  advantages  of  a 
country  school  needs  the  additional  educational  opportunities  far 
more  than  the  young  man  who  has  had  the  privilege  of  going 
through  a  high  school  or  similar  institution  of  learning. 

It  is  no  answer  to  say  that  he  who  chooses  to  accept  this 
privilege  will  forfeit  some  other  bonus  that  is  given  by  the  state. 
The  largest  amount  that  will  be  paid  by  the  state  to  any  soldier 
who  has  served  two  years  (which  is  practically  the  maximum  term 
of  service)  will  be  $240.00  if  the  bill  which  will  be  .referred  to  the 
people  will  become  a  law.  Under  the  provisions  of  this  bill  the 
soldier  may  attend  college  for  a  term  of  four  years  and  receive 
$1,080.00  from  the  state. 

I  do  not  wish  to  stand  in  the  way  of  this  educational  privilege 
which  the  Legislature  seeks  to  give  to  the  soldier.  I  recognize  it 
as  a  gift  that  the  soldier  can  neither  lose  nor  squander,  one  that 
will  be  helpful  to  him  during  the  remainder  of  his  life,  and  I  am 
sure  he  will  appreciate  it  more  than  any  other  donation  that  the 
state  can  ma"ke  to  him.  However,  if  the  state  is  going  to  grant 
this  privilege  it  should  be  extended  to  all  who  wish  to  take  ad- 
vantage of  it,  regardless  of  their  educational  qualifications.  If 
that  be  done,  the  soldier  must  necessarily  resume  his  education 
where  he  left  off  when  he  quit  school  and  that  situation  necessarily 
raises  some  new  questions  which  the  Legislature,  in  my  judgment, 
must  meet. 

The  age  of  the  soldier  and  sailor  ranges  from  seventeen  to  forty- 
five.  No  doubt  many  who  would  wish  to  take  advantage  of  the 
offer  would  find  it  necessary  to  go  into  the  grades  that  are  at- 
tended largely,  if  not  entirely,  by  boys  and  girls  under  the  age  of 
fifteen.  We  cannot  reasonably  expect  that  the  men  who  have 
rendered  military  service  would  wish  to  share  the  schoolroom  with 
young  children,  nor  would  it  be  practical  that  they  do  so  from 
the  standpoint  of  the  welfare  of  the  school.  It  seems  to  me  that 


SESSION  OF  1919  371 

to  fairly  carry  out  this  proposed  educational  privilege  provision 
should  be  made  for  special  schools  for  these  men,  in  order  to  give 
them  a  reasonable  opportunity  to  secure  the  full  benefit  of  the 
peoples  generosity. 

No  inquiry  has  been  made,  and  no  one  seems  to  know  how 
many  men  would  take  advantage  of  this  bill  as  it  is  now  writ- 
ten; nor  has  any  investigation  been  made,  so  far  as  I  am  able  to 
learn,  to  determine  how  many  of  this  class  of  students  can  be 
accommodated  at  the  university  or  other  institutions  named  with 
the  instructional  staff  that  the  appropriations  made  to  these  in- 
stitutions will  permit  them  to  employ.  If  as  many  as  one  thousand 
soldiers,  in  addition  to  the  regular  enrollment,  would  wish  to  at- 
tend the  university  it  will  be  necessary  to  made  additional  appro- 
priations to  pay  for  the  extra  service  demanded  of  that  school. 
The  same  may  be  said  of  the  balance  of  the  state  institutions  and 
I  feel  confident  that  the  private  colleges  are  not  in  position  to  take 
in  any  large  number.  The  entire  scheme  is  a  step  in  the  dark 
and  it  seems  to  me  that  the  first  thing  to  ascertain  is  the  number 
that  propose  to  avail  themselves  of  this  opportunity. 

There  are  other  questions  in  connection  with  this  enterprise 
that  should  be  cleared  up.  The  university,  normal  schools  and 
colleges  have  standards  of  work  that  they  must  insist  upon  in 
order  to  maintain  the  reputation  of  their  institutions.  There 
is  a  percentage  of  failure  among  the  regular  students  and  we 
have  no  reason  to  believe  that  the  percentage  of  failure  among 
the  soldiers  would  be  any  less.  The  question  is,  what  is  the  in- 
stitution to  do  with  the  man  who  cannot  keep  up  with  his  class? 
Is  he  to  be  thrown  out  and  further  educational  opportunities  de- 
nied to  him,  or  shall  he  be  returned  to  some  school  where  he  is 
liable  to  do  the  work  that  is  expected  of  him,  and  where  he  can 
make  real  progress?  This  bill  is  silent  upon  that  subject. 

It  seems  to  me  that  some  provision  must  be  made  for  that  type 
of  students  unless  it  is  our  desire  to  extend  this  educational  privi- 
lege only  to  those  who  are  very  brilliant  and  are  able  to  carry  the 
work  of  the  institution  they  attend. 

The  purposes  of  this  bill  are  costly  and  if  as  many  as  ten  per 
cent  of  the  men  who  were  in  the  service  take  advantage  of  it, 
assuming  that  the  privilege  will  be  extended  to  all,  it  will  cost 
approximately  ten  million  dollars.  This  expense  will  be  spread 
over  four  years,  and  in  that  connection  I  wish  to  call  attention 


87&  MESSAGES  TO  THE  LEGISLATURE 

to  the  fact  that  the  bill  places  no  limit  upon  the  time  when  the 
privileges  under  it  shall  be  taken.  If  a  soldier  decides  to  go  to 
school  ten  years  from  now,  unless  the  law  is  changed,  the  privilege 
is  still  open  to  him.  However,  I  merely  wish  to  call  attention  to, 
but  not  to  criticise,  that  feature  of  the  bill. 

It  seems  to  me  that  the  best  interest  of  the  soldier  and  the 
schools  demands  that  we  go  into  this  undertaking  in  a  system- 
atic way.  The  first  thing  to  determine  is  how  many  men  will 
accept  the  offer,  what  their  qualifications  are  and  where  they 
wish  to  attend  school,  and  any  other  information  that  is  neces- 
sary to  determine  the  best  plan  to  follow.  We  must  also  be  able 
to  advise  our  educational  institutions  what  they  may  expect  in 
the  way  of  increased  attendance  from  this  source  in  order  to  en- 
able them  to  make  the  necessary  preparations. 

I  shall  request  the  Adjutant  General  to  immediately  send  out 
a  questionnaire  to  every  man  who  was  in  the  service  in  order  to 
ascertain  the  number  who  wish  to  take  advantage  of  this  proposed 
educational  privilege ;  also  their  educational  qualifications  in  order 
that  we  may  know  how  to  classify  them. 

The  details  of  this  proposition  should  receive  attention  and 
study  and  I  propose  to  submit  the  entire  question  to  the  State 
Board  of  Education  for  its  consideration.  That  body  is  well  in- 
formed on  the  possibilities  of  our  educational  institutions  and 
can  best  determine  how  to  meet  any  situation  that  may  arise  under 
the  provisions  of  this  bill. 

I  shall  assume  that  the  Legislature  will  wish  to  so  frame  its 
law  that  the  privileges  will  be  open  to  all  who  were  in  the  service 
at  the  requisite  time,  and  I  hope  to  be  able  to  present  a  well 
worked  out  plan  before  the  beginning  of  the  fall  term  of  our 
schools.  The  project  is  of  sufficient  importance  to  warrant  the 
calling  of  a  special  session  of  the  Legislature.  In  that,  however, 
I  shall  be  guided  by  the  results  of  our  inquiries  among  the  sol- 
diers and  the  findings  and  recommendations  of  the  State  Board 
of  Education. 

I  will  repeat  that  is  its  present  form  I  regard  the  bill  as  in- 
adequate to  meet  the  situation  and  unjust  to  a  large  number  of 
men  who  as  soldiers  rendered  a  service  quite  equal  to  those  who 
have  had  better  educational  opportunities,  and  furthermore,  I  be- 
lieve it  to  be  class  legislation  in  the  sense  that  the  term  is  generally 
understood  and  is  prohibited  by  the  courts. 


SESSION  or  1919  373 

For  the  reasons  that  I  have  stated  I  am  compelled  to  decline 
to  approve  this  bill. 

Kespectfully  submitted., 

EMANUEL  L.  PHILIPP, 
Dated,  July  19,  1919.  Governor. 


To  the  Honorable,  the  Senate: 

I  herewith  return  without  my  approval  Bill  No.  610,  S. 

This  bill  is  an  exact  copy  of  Bill  No.  434,  S.,  which  I  returned 
without  my  approval  June  25,  1919,  except  that  wherever  the  year 
1920  occurred  in  Bill  434,  S.,  it  is  stricken  out  and  1921  inserted 
in  its  place. 

In  my  message  vetoing  434,  S.,  I  said: 

"I  am  advised  by  the  State  Board  of  Vocational  Education 
that  this  bill  would  increase  the  percentage  of  minors  attending 
vocational  schools  approximately  forty  per  cent.  I  am  also  ad- 
vised by  said  Board  that  they  can  not  possibly  take  care  of  the 
increase  provided  for  in  this  bill  by  September  1,  1920,  for  three 
reasons.  First,  they  have  not  sufficient  funds  with  which  to  carry 
out  its  provisions;  second,  the  local  municipalities  are  limited  by 
statute  in  the  amount  they  can  raise  for  vocational  education, 
which  limit  is  insufficient  to  permit  such  municipalities  to  take  on 
the  additional  burden  imposed;  third,  that  even  though  sufficient 
funds  were  available,  it  would  be  impossible  to  provide  necessary 
buildings  in  which  to  accommodate  the  increased  attendance. 

"In  fact,  in  some  parts  of  the  state,  notably  in  Milwaukee, 
there  is  at  the  present  time,  insufficient  housing  facilities  to  care 
for  those  who  are  now  compelled,  under  the  statute,  to  attend  voca- 
tional school,  with  the  result  that  those  attending  such  schools  in 
Milwaukee,  are  receiving  but  four  hours  of  instruction  per  week, 
whereas  the  statute  provides  for  eight. 

"I  am  also  advised  by  the  member  of  the  Industrial  Commis- 
sion who  is  ex-officio  member  of  the  State  Board  of  Vocational 
Education  that  the  Industrial  Commission  has  insufficient  funds 
with  which  to  carry  out  the  provisions  of  the  bill  relating  to  the 
issuing  of  permits. 

"As  both  the  Vocational  Board  of  Education  and  the  Industrial 
Commission  are  unable  at  this  time  to  carry  out  the  provisions  of 
this  bill,  I  would  suggest  that  the  question  of  raising  the  age  limit 
be  referred  to  these  two  bodies  and  that  they  report  to  the  next 


374  MESSAGES  TO  THE  LEGISLATURE 

Legislature  both  as  to  the  advisability  of  raising  the  age  limit  and 
as  to  the  time  when  they  will  be  so  situated  that  they  and  the 
municipalities  in  which  vocational  schools  are  located  can  take  on 
the  additional  burden  if  the  age  limit  is  to  be  raised. 

"If,  in  the  end,  it  is  found  to  be  in  the  public  interest  to  in- 
crease the  compulsory  vocational  school  age  to  eighteen  years,  the 
practical  way  to  proceed  would  be  to  first  make  the  necessary 
appropriations  and  provide  the  necessary  buildings  so  as  to  be 
prepared  to  care  for  this  large  number  of  additional  pupils  rather 
than  pass  a  law  under  which  they  are  compelled  to  receive  this 
additional  instruction  with  no  provision  for  carrying  it  out." 

What  I  said  regarding  Bill  No.  434,  S.,  is  equally  applicable 
to  the  present  bill. 

Before  this  bill  goes  into  effect,  the  people  will  have  elected  a 
new  Governor  and  a  new  Legislature. 

This  bill  does  not  make  any  appropriation.  In  fact,  this  Leg- 
islature could  not  bind  the  Legislature  of  1921  by  making  an 
appropriation  at  this  time.  Neither  should  this  Legislature  at- 
tempt to  tie  the  hands  of  the  Legislature  of  1921  by  inaugurating 
a  public  policy  which  that  Legislature  might  not  wish  continued 
and  might  not  make  sufficient  appropriations  to  carry  out. 

The  better  way  to  proceed  is  as  I  suggested  in  my  veto  of  Bill 
434,  S.,  to-wit,  that  the  question  of  raising  the  age  limit  be  re- 
ferred to  the  Vocational  Board  of  Education  and  the  Industrial 
Commission  to  report  to  the  next  Legislature  and  leave  it  to  that 
body  to  handle  the  question  unhampered  by  any  action  taken  at 
this  time.  Kespectfully  submitted, 

EMANUEL  L.  PHILIPP, 
Dated,  July  18,  1919.  Governor. 


To  the  Honorable,  the  Senaie* 

I  return  herewith  Bill  No,  105,  S.,  without  my  approval. 

The  purpose  of  this  bill  is  to  add  the  teachers  employed  in 
the  normal  schools^  the  county  training  schools  and  the  county 
schools  of  agriculture  and  domestic  economy  in  this  state  to  the 
list  of  teachers  eligible  to  the  teachers'  insurance  and  retirement 
fund. 

As.  stated  in  my  veto  of  Bill  No.  570,  S.,  this  fund  is  facing 
a  rapidly  increasing  deficit.  It  would  in  my  judgment  be  un- 
wise, and  in  fact  unfair,  to  the  teachers  named  in  this  bill  to 


SESSION  or  1919  375 

exact  contributions  from  them  to  a  fund  that  is  rapidly  being 
depleted  and  is  therefore  unable  to  comply  with  the  olDligations 
that  it  assumes.  The  entire  plan  must  be  revised  and  with  that 
thought  in  mind  the  Legislature  appointed  an  interim  committee 
to  report  to  the  next  session. 

I  recommend  that  the  addition  of  teachers  to  this  privilege  be 
postponed  until  a  re-adjustment  is  made  that  will  give  the  assur- 
ance that  the  promises  made  under  this  plan  of  insurance  can  be 
carried  out.  It  will  be  a  great  disappointment  for  any  teacher 
who  has  paid  into  this  fund  and  has  relied  upon  it  for  support 
in  old  age  to  find  when  the  critical  time  comes  that  the  fund  is 
not  sufficient  to  pay  the  guarantee. 

It  may  be  well  to  add  in  this  connection  that  unless  this  sys- 
tem of  insurance  is  changed  to  make  it  self-sustaining  the  deficit 
will  in  the  end  become  a  moral  obligation  upon  the  state.  The 
state  cannot  afford  to  create  an  institution  of  this  type  under 
its  laws  and  hold  it  out  as  an  inducement  for  its  servants  as  a 
reward  for  service  and  when  the  time  comes  for  payment  to  find 
the  fund  depleted  and  only  a  partial  payment  available  for  the 
beneficiary.  The  state  has  a  real  obligation  in  this  matter  which 
it  must  meet.,  and  no  time  should  be  lost  in  the  preparation  of 
a  new  plan  which  will  be  as  fair  as  it  can  be  made  to  those  who 
are  now  members  of  this  retirement  fund  and  will  give  the  assur- 
ance to  the  new  members  that  there  will  at  all  times  be  enough 
available  money  to  carry  out  the  contracts  in  full. 

I  have  recently  approved  Bill  No.  590,  S.,  which  reduces  the 
payment  to  annuitants  under  the  teachers'  retirement  fund  fifteen 
per  cent  up  to  June  30,  1921,  and  it  makes  the  further  provision 
that  no  annuitant  be  permitted  to  retire  and  receive  an  annuity 
during  that  period. 

That  bill  was  introduced  by  the  committee  on  teachers  re- 
tirement fund  and  is  a  recognition  of  the  depleted  condition  of 
that  fund.  This  bill  admits  a  large  number  of  additional  teachers 
to  the  fund  in  face  of  the  acknowledgment  as  expressed  in  the 
statutes  which  I  have  approved  that  the  fund  is  depleted  and  is 
on  a  wrong  basis,  and  the  more  teachers  that  are  added  to  it  the 
smaller  will  be  the  sum  that  will  be  available  to  the  annuitants  be- 
cause it  increases  the  liability  of  the  fund  in  a  sum  tl\at  is  in  ex- 
cess of  the  receipts  that  are  collected. 

It  seems  to  me  that  the  two  bills  are  not  compatible  and  that 


376  MESSAGES  TO  THE  LEGISLATURE 

Bill  No.  590,  S.,  is  in  itself  an  answer  to  the  proposition  contained 
in  this  bill. 

The  reasons  that  I  have  above  stated  have  prompted  me  to 
veto  this  bill.  Kespectfully  submitted, 

EMANUEL  L.  PHILIPP, 
i   '  Governor. 

Dated,  July  19,  1919. 


To  the  Honorable,  the  Senate : 

I  return  herewith  Bill  No.  570,  S.,  without  my  approval. 

This  bill  makes  numerous  changes  in  the  administration  of  the 
teachers'  retirement  fund  and  in  the  last  paragraph  makes  an  ap- 
propriation of  not  exceeding  eight  thousand  dollars  from  the 
monies  appropriated  to  the  common  school  fund  income.  This 
amount  is  asked  to  pay  part  of  the  cost  of  administration. 

The  present  teachers'  retirement  fund  is  not  upon  a  sound 
basis.  The  liabilities  to  the  present  annuitants  amount  to  ap- 
proximately $1,231,000,  while  the  present  assets  or  available  funds 
amount  to  about  $552,000,  leaving  a  deficit  of  $679,000  on  the 
basis  of  present  annuities  alone,  to  say  nothing  of  the  prospective 
annuities  that  are  to  mature  when  the  teachers  arrive  at  the  speci- 
fied age  or  on  completing  the  required  number  of  years  for  maturing 
their  annuities.  A  rough  estimate  will  place  the  total  deficit  at 
probably  not  less  than  three  million  dollars. 

I  am  stating  it  mildly  when  I  say  that  the  situation  is  serious 
and  some  radical  re-adjustment  must  be  made  in  the  near  future 
and  unless  that  be  done  it  will  be  only  a  question  of  a  short  time 
when  this  fund,  like  so  many  other  similar  funds,  will  come  to 
grief  and  will  be  wound  up  leaving  hundreds  or  perhaps  thousands 
of  disappointed  teachers  and  other  beneficiaries. 

The  system  of  paying  annuities  based  upon  relatively  short 
years  of  service  has  been  tried  out  in  other  states  and  has  proven 
a  failure,  and  we  should  not  permit  ourselves  to  be  deceived  by 
the  thought  that  the  results  will  be  any  better  in  Wisconsin.  No 
payments  that  teachers  can  afford  to  make,  or  that  the  public 
is  willing  to  give,  will  enable  teachers  to  retire  in  the  prime  of 
life,  as  they  do  under  our  present  system.  The  rule  under  which 
the  teachers'  retirement  fund  is  operated  gives  the  teacher  the 
privilege  of  retiring  after  twenty-five  years  of  service.  Let  us 
assume  that  the  teacher  begins  at  the  age  of  twenty,  or  even 


SESSION  OF  1919  377 

younger  as  is  so  often  the  case;  that  would  make  the  age  of  re- 
tirement at  forty-five,  or  even  younger,  and  at  the  time  when  the 
teacher  is,  by  reason  of  experience,  able  to  render  his  or  her  very 
best  service. 

Experience  with  this  type  of  insurance  has,  I  think,  fully  es- 
tablished this  fact — a  pension  or  retirement  fund  can  be  kept  on 
a  sound  basis  only  when  the  beneficiary  is  retired  because  of  in- 
efficiency brought  on  by  age  or  sickness  or  by  a  proper  age  limit. 
Any  other  system  is  destined  to  break  down  and  in  the  end  is  a 
disappointment  to  those  who  expect  to  receive  benfits  from  it.  The 
experience  of  the  state  of  New  York,  with  a  similar  retirement 
fund  and  which  now  shows  a  deficit  of  over  thirty-two  million  dol- 
lars, should  convince  us  that  we  are  on  the  wrong  basis.  The 
trouble  is  that  the  relation  between  the  income  and  the  outgo  is 
not  mathematically  correct. 

This  subject  has  received  some  attention  during  the  present 
session  of  the  legislature.  The  task  of  putting  this  fund  on  a 
sound  basis  is  a  difficult  one,  particularly  in  view  of  the  large 
number  of  annuitants  that  are  now  claimants  for  the  benefits, 
and  the  number  is  rapidly  increasing.  The  Legislature  has  ap- 
pointed an  interim  committee  to  study  this  subject  and  a  new 
plan  must  be  brought  forward  during  the  next  session.  The 
rapidly  growing  deficit  is  unfair  to  the  teachers — it  is  a  deception. 

Thus  far  the  cost  of  administration  has  been  borne  by  the  fund. 
This  bill  provides  for  an  appropriation  of  eight  thousand  dollars, 
chargeable  to  the  common  school  fund  income.  In  view  of  the 
fact  that  the  entire  system  must  be  changed  I  do  not  deem  it  ad- 
visable to  use  any  other  fund  for  the  payment  of  the  cost  of  ad- 
ministration, nor  do  I  approve  of  the  new  departure  that  this  bill 
makes  of  charging  any  part  of  the  cost  of  administration  of  this 
fund  to  the  state. 

The  whole  scheme  should  be  made  self-sustaining  and  if  built 
on  sound  principles  it  will  maintain  itself  without  any  hardship 
to  the  teachers.  I  feel  certain  that  when  this  is  done  those  who 
rely  upon  it  for  an  income  in  their  declining  days  will  be  glad 
to  know  that  the  fund  is  upon  a  sound  financial  basis  and  that 
there  will  be  no  question  about  receiving  the  full  benefits  that  this 
plan  of  insurance  holds  out  to  them. 


378  MESSAGES  TO  THE  LEGISLATURE 

For  the  reasons  stated  I  must  withold  my  approval  from  this 
bill.  Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 
Dated,  July  19,  1919.  Governor. 


To  the  Honorable,  the  Senate : 

I  herewith  return  without  my  approval  Bill  No.  589,  S. 

The  present  law  permits  those  having  charge  of  public  build- 
ings to  grant  to  soldiers  of  the  Civil  and  Spanish- American  Wars 
rooms  and  space  therein  for  the  establishment  of  memorial  halls 
and  museums,  and  provides  that  any  agreement  between  those 
having  charge  of  public  buildings  and  soldiers  of  the  Civil  and 
Spanish-American  Wars,  in  force  at  the  time  the  act  was  passed, 
August  1,  1913,  shall  continue  in  force  according  to  the  terms 
thereof. 

This  bill  permits  those  having  charge  of  public  buildings  to 
grant  rooms  and  space  therein  to  any  organization  of  soldiers, 
sailors  and  marines  of  the  United  States  of  any  war  for  the  estab- 
lishment of  memorial  halls  and  museums,  but  strikes  out  the  pro- 
vision relative  to  agreements  in  force  August  1,  1913.  If  the  bill 
went  no  farther  than  this,  I  would  give  it  my  approval,  and  trust 
any  organization  of  soldiers,  sailors  or  marines  of  the  last  war 
to  deal  justly  with  the  soldiers  of  the  Civil  or  Spanish-American 
Wars  regarding  the  use  of  rooms  and  space  in  such  buildings,  but 
the  present  bill  goes  farther  and  provides  that  those  in  charge  of 
public  buildings  may  grant  rooms  and  space  therein  for  any  public 
purpose. 

I  do  not  believe  that  soldiers  of  any  of  the  wars  of  the  United 
States  ought  to  be  crowded  out  of  any  public  building  by  any 
civic  organization  and  this  bill  would  permit  that  to  be  done. 

If  the  bill  had  provided  that  soldiers  should  have  preference 
over  civic  organizations  in  the  use  of  space  or  rooms  for  memorial 
halls  or  museums  in  public  buildings,  I  would  have  been  content 
and  given  the  bill  my  approval,  but  I  cannot  approve  any  bill 
which  would  permit  those  in  charge  of  public  buildings  in  which 
soldiers  of  the  Civil  and  Spanish-American  Wars  now  have  vested 
rights  to  be  deprived  of  those  rights  in  favor  of  any  civic  organ- 
ization. 

There  are  but  a  comparatively  few  soldiers  of  the  Civil  War 
now  left.  Their  right  to  occupy  public  buildings  for  memorial 


SESSION  OF  1919  373 

halls  and  museums  cannot,  at  best,  last  but  a  few  more  years,  and 
it  seems  to  me  we  owe  it  to  them  to  protect  their  vested  rights  in 
the  use  of  memorial  halls  and  museums  as  against  any  civic  or- 
ganization and  we  owe  a  like  right  to  the  soldiers  of  the  Spanish- 
American  War. 

For  the  foregoing  reasons,  I  decline  to  give  this  bill  my  ap- 
proval. Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Dated,  July  23,  1919.  Governor. 


To  the  Honorable,  the  Assembly: 

I  herewith  return  Bill  No.  95,  A.,  without  my  approval. 

After  its  introduction  this  bill  was  so  amended  as  to  permit 
the  use  of  dip  nets  in  the  night-time. 

The  present  law  prohibits  the  use  of  dip  nets  in  the  waters 
mentioned  in  this  bill  between  one  hour  after  sunset  and  sun- 
rise of  the  following  morning.  The  reason  for  this  is  that  dip 
nets  are  used  in  these  waters  solely  for  taking,  catching  or  killing 
rough  fish  and  if  fishermen  were  permitted  to  use  dip  nets  in  the 
night-time,  it  would  be  impossible  for  the  Conservation  Commis- 
sion and  its  deputies  to  properly  supervise  the  fishing  so  that 
rough  fish  only  would  be  taken.  By  the  payment  of  a  small  license 
fee  of  one  dollar,  provided  for  in  this  bill,  it  would  be  possible  for 
the  licensee,  by  fishing  with  dip  nets  in  the  night-time,  to  elude 
the  vigilance  of  the  Conservation  Commission  and  its  deputies  and 
catch  other  than  rough  fish  in  the  waters  named  and  thus  evade 
the  purpose  of  the  law  which,  as  above  stated,  is  the  taking,  catch- 
ing or  killing  of  rough  fish  only. 

Because  this  bill  permits  fishing  with  dip  nets  in  the  night- 
time, I  can  not  give  the  same  my  approval. 

Respectfully  submitted. 

EMANUEL  L.  PHILIPP, 

Governor. 

Dated,  July  23,  1919. 


To  the  Honorable,  the  Assembly: 

I  herewith  return  without  my  approval  Bill  No.  257,  A. 

This  bill  makes  an  annual  appropriation  of  not  to  exceed  $175,- 
000  for  state  aid  for  vocational  training  in  free  high  schools  or 
their  equivalent. 


380  MESSAGES  TO  THE  LEGISLATURE 

There  has  been  appropriated  annually  since  1913  $100,000  for 
this  purpose  as  an  encouragement  for  high  schools  to  give  voca- 
tional instruction.  No  good  reason  has  been  presented  for  in- 
creasing this  appropriation.  The  Board  of  Public  Affairs  made 
an  investigation  and  recommended  that  the  former  appropriation 
of  $100,000  be  continued.  The  Finance  Committee  recommended 
this  bill  for  indefinite  postponement,  which  would  have  restored 
the  former  appropriation  of  $100,000  per  annum. 

The  Superintendent  of  Public  Instruction  has  not  been  insistent 
upon  this  increased  amount.  He  was  questioned  before  the  Com- 
mittee on  Finance  and  his  reply,  in  substance,  was  that  he  did 
not  insist  upon  the  increased  appropriation  although  he  might 
prefer  it. 

The  appropriations  made  by  this  session  have  been  very  large 
and  I  find  it  necessary  to  curtail  wherever  we  can,  and  insomuch 
as  no  pressing  need  has  been  stated  for  this  additional  sum  of 
money  I  cannot  give  this  bill  my  approval  and  I,  therefore,  re- 
turn it  to  you.  Kespectfully  submitted, 

EMANUEL  L.  PHILIPP, 
Dated,  July  23,  1919.  Governor. 


To  the  Honorable,  the  Senate : 

I  return  herewith  Bill  No.  390,  S.,  without  my  approval. 

The  purpose  of  this  bill  is  to  provide  a  plan  under  which  pub- 
lic service  corporations,  which,  under  this  bill,  would  mean  water 
powers  and  power  companies,  electric  light  plants,  water  works, 
public  heating  plants,  telephones,  street  cars,  urban  and  interur- 
ban,  may  be  purchased,  built  and  operated  by  the  public  and  pro- 
vides for  a  method  of  payment  for  the  property  purchased,  new 
construction,  and  cost  of  maintenance  and  operation  by  taxation 
and  by  the  issuing  and  sale  of  bonds  and  mortgage  certificates. 

The  plan  provided  is  to  create  a  public  service  district  which 
will  assume  all  the  obligations  that  may  grow  out  of  these  ven- 
tures and  undertake,  through  a  board  of  directors  elected  by  the 
people  of  the  district,  to  purchase,  create,  maintain  and  operate 
the  properties  that  this  board  will  take  under  its  control. 

The  manner  of  creating  the  public  service  district  is  as  follows: 

Any  twenty-five  or  more  persons,  who  are  qualified  general 
electors  and  free  holders  residing  within  the  territory  proposed 
to  be  included  in  a  public  service  district  and  users  of  utility  or 


SESSION  OF  1919  381 

electric  railway  service  in  said  territory,  may  file  in  any  circuit 
court  having  jurisdiction  of  the  territory,  or  a  substantial  part  of 
the  territory  proposed  to  be  included  in  such  public  service  dis- 
trict, a  petition  for  the  organization  of  a  public  service  district  in 
and  of  such  territory  and  of  the  inhabitants  thereof.  Such  peti- 
tion shall  allege  and  show: 

That  the  organization  of  such  proposed  public  service  district 
\vill  facilitate,  promote  and  enable  the  public  ownership,  operation 
or  control  of  public  utilities  and  electric  railways  in  such  pro- 
posed district. 

The  application  must  be  accompanied  by  a  map  showing  the 
boundary  lines  of  such  district,  which  shall  follow  the  boundary 
lines  of  existing  election  districts,  the  assessed  value  of  all  real 
and  personal  property  located  and  owned  within  the  district  sub- 
ject to  taxation,  the  public  utilities  then  in  existence  and  being 
operated  within  such  district,  with  the  further  provision  that  the 
proposed  boundaries  of  such  public  service  district  shall  embrace 
such  territory  and  population  as  will  have,  with  regard  to  the  utili- 
ties and  elective  railways  mentioned  and  the  probable  future  de- 
velopment and  extensions  thereof,  a  common  or  reciprocal  interest 
in  the  services  and  charges  for  services  of  such  utilities  and  are 
so  constituted  that  substantial  equity  may  result  as  between  locali- 
ties or  communities  affected,  to  the  end  that  the  cost  burden  as 
well  as  any  bonded  indebtedness  shall  be  fairly  distributed  among 
the  users  of  such  a  utility. 

The  districts  created  are  to  be  divided  in  not  less  than  five  nor 
more  than  fifteen  compact  territorial  divisions,  which  divisions 
shall  follow  the  boundaries  of  the  existing  election  districts,  and 
each  district  shall  be  entitled  to  elect  one  director  on  the  board 
of  directors  of  such  proposed  public  service  district. 

The  bill  provides  further  that  an  equal  number  of  citizens,  or 
the  railroad  commission  or  any  municipality  in  the  district  may 
present  to  the  same  court  a  counter  petition  denying  the  claims 
of  the  advocates  for  a  district. 

If  the  court  grants  the  petition  the  next  step  is  to  vote  upon 
the  creation  of  the  district,  and  if  a  majority  of  the  voters  favor 
it  a  charter  will  be  issued  to  such  district  by  the  Secretary  of  State 
under  the  great  seal  of  the  state  creating  a  municipal  corporation. 

The  next  step  is  the  election  of  the  necessary  directors  under  a 
primary  system, 


382  MESSAGES  TO  THE  LEGISLATURE 

When  that  is  completed  the  district  is  in  readiness  to  proceed 
with  the  business. 

The  above  is  merely  a  brief  statement  of  the  manner  in  which 
the  districts  are  created  and  the  boards  of  directors  elected.  I 
shall  state  as  briefly  as  possible  my  objections  to  the  various  de- 
tails of  this  bill. 

The  court  has  but  little  discretion  in  passing  upon  the  petitions 
that  are  brought  before  it.  It  may  disapprove  the  district  lines 
or  the  subdivision  submitted.  Such  action  would,  however,  hardly 
be  probable  because  the  formation  of  the  district  permits  a  specula- 
tion upon  the  future  development  of  certain  parts  of  the  district 
which  neither  the  petitioners  nor  the  court  have  any  definite 
knowledge  of— in  fact,  it  may  be  said  with  much  effect  that  upon 
the  question  of  the  development  of  municipalities  the  judgment  of 
twenty-five  petitioners  may  be  better  than  the  judgment  of  the 
court. 

Aside  from  this  power  the  court  has  no  other  function  except 
to  see  to  it  that  the  forms  provided  by  the  bill  are  complied  with. 

No  limitation  has  been  placed  upon  the  size  of  the  districts  ex- 
cept as  a  maximum  there  shall  be  fifteen  subdivisions  and  as  a 
minimum  there  shall  not  be  less  than  five. 

The  only  question  that  the  people  can  pass  upon  is  that  of  or- 
ganizing a  public  service  district. 

The  right  to  purchase  any  particular  utility,  the  right  to  build 
extensions  or  additional  lines  or  new  plants,  the  power  to  tax 
and  bond  the  district — in  fact  all  powers  required  by  the  organi- 
zation are  vested  in  the  board  of  directors. 

If  the  petition  submitted  to  the  people  fails  at  the  election  the 
same  petitioners,  or  twenty-five  other  persons  with  the  necessary 
qualifications,  may  immediately  file  another  petition — in  fact  peti- 
tions and  elections  may  be  carried  on  indefinitely  without  cost  to 
the  petitioners.  The  bill  provides  that  all  costs  in  connection  with 
the  election,  as  weH  as  court  costs,  must  be  paid  by  the  state. 

As  stated  before,  the  commissioners  are  vested  with  absolute 
power,  which  includes  the  power  to  tax  the  people  and  to  create 
debts  secured  by  bonds  or  other  evidences  of  indebtedness.  This 
is  a  departure  from  the  general  rule  provided  by  the  statutes 
governing  this  type  of  public  expenditures.  In  view  of  the  broad 
purchasing  power  given  to  this  board  I  regard  it  as  a  dangerous 
privilege  to  give  them  the  right  to  tax  the  people  without  limit 


SESSION  OF  1919  383 

and  to  create  debts  which  are  limited  only  by  the  provisions  of 
the  constitution  without  a  referendum  to  the  people. 

The  bill  contains  this  further  objectionable  feature:  While  it 
recognizes,  as  it  must,,  the  constitutional  five  per  cent  debt  limit 
we  must  not  lose  sight  of  the  fact  that  the  districts  created  are 
now  municipal  units  and  although  the  municipality  or  the  town- 
ship which  may  be  included  within  such  districts  may  have  a 
public  debt  up  to  or  close  to  the  five  per  cent  limit,  it  cannot  be 
said  that  such  debt  is  the  debt  of  the  district — in  fact,  I  consider 
this  provision  of  the  bill  none  else  but  a  scheme  to  permit  muni- 
cipalities to  pyramid  their  debts  for  the  purpose  of  acquiring  pub- 
lic utilities.  The  least  that  can  be  said  of  it  is  that  it  is  a  clever 
scheme  to  evade  constitutional  limitations. 

The  bill  provides  that  the  bonds  of  the  district  shall  bear  in- 
terest not  to  exceed  four  per  cent  per  annum  and  shall  be  adver- 
tised for  sale  and  sold  to  the  highest  responsible  bidder,  but  no 
provision  is  made  that  they  cannot  be  sold  for  less  than  par.  It 
has  been  the  policy  of  this  state  to  forbid  the  sale  of  municipal 
bonds  at  less  than  par.  It  has  thus  far  served  as  a  protection 
against  manipulation  and  the  results  have  been  generally  satis- 
factory. 

I  deem  it  unwise  to  permit  the  sale  of  municipal  bonds  without 
a  price  limit  because  it  opens  the  door  to  agreements  between 
the  buyers  and  the  sellers,  or,  what  is  perhaps  more  apt  to  occur, 
a  combination  between  the  purchasers  of  these  bonds  that  will 
operate  as  a  loss  to  the  people. 

This  bill  also  authorizes  the  issuance  of  mortgage  certificates 
which  are  a  lien  upon  the  physical  property  of  the  utility  but  not 
an  obligation  upon  the  taxpayers  of  the  district. 

These  mortgage  certificates  are  made  lawful  investments  for 
trust  funds  of  the  state  or  any  municipality,  insurance  company, 
bank,  trust  company  of  any  trust  estate,  and  shall  be  accepted 
as  deposits  for  any  purpose  for  which  the  deposit  of  security  may 
be  required  or  authorized  by  law. 

It  should  not  require  much  argument  to  demonstrate  that  this 
provision  of  the  bill  is  unwise.  If  in  the  end  the  utility,  which 
is  the  only  security  back  of  these  mortgage  certificates,  is  neglected 
or  abandoned  all  that  there  would  be  left  for  these  mortgage 
certificate  holders  would  be  the  scrap  value  of  such  a  utility.  I  am 
sure  that  you  will  agree  with  me  that  that  class  of  securities  are 


384  MESSAGES  TO  THE  LEGISLATURE 

not  the  type  that  the  law  should  permit  to  be  used  for  the  in- 
vestment of  trust  funds.  .  The  state  of  Wisconsin  has  thus  far 
been  very  cautious  about  the  use  of  trust  funds  and  the  invest- 
ment thereof  and  we  should  do  nothing  that  will  cause  any  de- 
parture from  that  policy. 

The  board  of  directors  has  the  power  to  grant  a  permit  to  pub- 
lic utilities-  including  electrical  railways  to  use  any  public  street 
or  streets,  alleys,  ways  and  places  in  the  district  without  the  con- 
sent of  the  governing  authorities  of  any  town,  village,  or  city  in- 
eluded  within  the  district. 

This,  in  my  judgment,  is  an  unwise  interference  with  the  local 
government  of  municipalities.  It  is  the  policy  of  every  city  of 
importance  to  locate  transportation  upon  such  streets  where  it 
will  do  the  least  damage  to  the  abutting  property  owners,  and 
with  a  due  regard  for  residential  sections.  Local  governments 
are  usually  responsive  to  the  will  of  the  people  in  matters  of  this 
kind  and  regard  themselves  charged  with  the  moral  duty  of  con- 
trolling the  streets  with  reference  to  beautifying  the  cities.  No 
such  obligation  rests  upon  the  directors  provided  for  in  this  bill. 
They  may  arbitrarily  place  the  street  car  where  they  wish  and 
where  it  best  serves  their  purposes.  The  least  that  can  be  said 
upon  this  subject  is  that  local  governmental  authorities  will  not 
wish  to  give  up  the  power  that  they  have  heretofore  exercised 
over  the  location  of  street  cars  and  other  utilities  to  a  new  board 
less  responsive  to  the  wishes  of  the  people. 

There  is  another  provision  which  I  wish  to  call  your  attention 
to.  After  the  district  is  organized  the  Railroad  Commission  is 
deprived  of  all  power  to  grant  certificates  of  convenience  and 
necessity  to  any  public  utility  or  street  railway.  That  power  is 
vested  exclusively  in  the  board  of  directors  of  the  public  service 
district.  We  may  reasonably  expect  that  this  board  would  be  in- 
terested only  in  its  own  utilities  and  will  hardly  be  expected  to 
recognize  any  other  public  utility  or  the  need  thereof,  even 
though  such  utility  offers  to  enter  the  district  and  furnish  the 
desired  service  without  cost  to  the  people  so  far  as  construction  is 
concerned.  They  may  grant  themselves  a  certificate  to  parallel 
any  existing  line  or  duplicate  any  existing  utility,  but  they  would 
hardly  be  generous  enough  to  grant  a  certificate  to  another  utility 
to  parallel  their  line  or  duplicate  their  utility. 

What  I  have  said  concerning  this  proposed  legislation  can  rea- 


SESSION  OF  1919  385 

sonably  be  urged  against  it  and  I  am  certain  that  it  is  quite 
sufficient  to  condemn  the  bill.  We  may  as  well  recognize  the 
pressure  that  is  being  brought  by  owners  of  public  utilities  to 
dispose  of  them  to  the  public.  While  I  am  personally  opposed 
to  public  ownership  of  these  utilities,  and  particularly  street  rail- 
ways, that,  however,  is  my  personal  view  and  I  would  not  on 
that  account  wish  to  exercise  my  veto  power  on  any  bill  that 
offers  a  fair  plan  to  the  people  for  the  purchase  of  these  utili- 
ties if  they  see  fit  to  do  so.  However,  so  far  as  my  power  and 
privileges  go  in  these  matters,  as  governor  of  the  state  I  shall  in- 
sist that  the  people  who  assume  these  obligations  shall  be  given 
the  privilege  of  expressing  themselves  upon  the  advisability  of 
the  purchase  of  any  particular  property  at  the  price  at  which  it 
is  offered  and  passed  upon  and  approved  by  the  Eailroad  Com- 
mission. 

Three  separate  bills  dealing  with  this  same  subject  have  al- 
ready passed  the  Legislature  and  have  had  my  approval.  How- 
ever, in  each  of  these  bills  now  upon  the  statute  books  the  public 
interest  has  been  carefully  safeguarded. 

I  should  not  dismiss  the  subject  to  the  purchase  of  public  utili- 
ties without  calling  attention  to  the  tendency  in  legislation  to  de- 
vise ways  to  circumvent  our  constitutional  debt  limit.  I  do  not 
believe  in  the  circumvention  of  constitutional  guaranties.  If  the 
debt  limit  that  is  now  provided  is  not  satisfactory  to  the  people 
the  orderly  way  to  proceed  is  to  submit  a  constitutional  amend- 
ment to  raise  it.  If  the  people  desire  to  ratify  it  they  should  then 
not  complain  about  any  debt  or  increased  taxation  placed  upon 
them  by  reason  of  any  transaction  that  may  follow  as  a  result  of 
the  change.  Any  other  system  is  a  deception  and  we  as  legislators 
for  the  people  should  not  countenance  it. 

Respectfully  submitted, 

EMANTJEL  L.  PHILIPP, 

Dated,  July  29,  1919.  Governor. 


To  the  Honorable,  the  Senate : 

I  herewith  return  without  my  approval  bill  No.  629,  S. 

This  bill  was  introduced  in  the  senate  July  15  and  passed  on 
the  same  day  that  it  was  introduced  and  it  was  passed  by  the 
assembly  the  next  day.  It  passed  both  houses  without  being  re- 
ferred to  any  committee  and  without  a  hearing. 


386  MESSAGES  TO  THE  LEGISLATURE 

The  bill  attempts  to  punish  any  insurance  corporation  doing 
business  in  this  state  and  any  officer,  director  or  agent  thereof 
who  makes  or  circulates  any  false  statement  of  any  sort,  misrep- 
resenting the  terms  of  any  policy  or  the  financial  standing  or 
management  of  any  other  insurance  corporation  and  provides  a 
heavy  penalty  and  goes  so  far  as  to  compel  the  Commissioner  of 
Insurance  to  revoke  the  license  of  any  corporation  or  agent  upon 
proof  of  conviction  for  any  violation  of  the  act. 

Any  person  or  corporation  in  this  state  that  has  been  subjected 
to  loss  of  reputation  or  business  because  of  any  false  statements 
made  by  any  other  person  or  corporation  can  have  redress  therefor 
in  the  courts-  of  this  state  under  existing  statutes. 

While  it  is  desirable  that  statements  by  insurance  companies 
concerning  each  other  should,  be  truthful  and  not  deceptive  to 
the  public,  this  bill  would  in  effect  prevent  any  competing  insur- 
ance company  or  any  officer,  director  or  agent  thereof,  domiciled 
in  this  state,  from  making  any  statements  concerning  any  other 
insurance  company  for  fear  that  some  small  detail  in  the  state- 
ment might  be  incorrect. 

Insurance  companies  and  the  officers,  directors,  and  agents 
thereof,  domiciled  in  other  states,  would  not  be  affected  by  this 
law  because  they  are  not  within  the  jurisdiction  of  our  courts 
and.,  therefore,  could  not  be  convicted.  As  there  must  be  a  con- 
viction before  a  license  can  be  revoked,  they  could  make  any 
statement  they  pleased  concerning  any  other  insurance  corpora- 
tion, either  domiciled  in  or  doing  business  in  this  state. 

If  statutes  of  this  type  are  necessary,  they  should  be  general 
and  not  apply  to  one  particular  kind  of  corporation  only;  the 
tradesman,  professional  man  and,  in  fact,  people  generally,  should 
have  the  benefit  of  such  a  law  if  one  is  to  be  enacted. 
Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 

Dated,  July  24,  1919. 


To  the  Honorable,  the  Assembly: 

I  herewith  return,  without  my  approval,  bill  No.  335,  A. 

This  bill  adds  to  the  list  of  teachers  eligible  to  the  benefit  of 
the  Teachers'  Insurance  and  Eetirement  Fund  all  those  who  were 
employed  as  teachers  in  public  schools  when  the  act  creating  the 


SESSION  OF  1919  387 

original  Teachers'  Insurance  and  Ketirement  Fund  was  passed, 
provided  they  make  application  prior  to  September  1,  1920,  and 
pay  the  assessments  upon  their  salaries  since  September  1,  1912, 
with  interest  thereon  at  the  rate  of  4y2  per  cent  per  annum. 

As  stated  in  my  vetoes  of  bills  570,  S.,  and  105,  S.,  the  Teachers' 
Insurance  and  Ketirement  Fund  is  facing  a  rapidly  increasing 
deficit,  and  I  recommend  in  my  veto  to  the  bill  last  referred  to 
that  "the  addition  of  teachers  to  this  privilege  be  postponed  until 
after  readjustment  is  made  that  will  give  the  assurance  that  the 
promises  made  under  this  plan  can  be  carried  out." 

It  seems  to  me  that  this  bill  is  incompatible  with  bill  590,  S., 
which  reduces  the  payment  of  annuities  under  the  Teachers'  Re- 
tirement Fund  fifteen  per  cent  up  to  June  30,  1921,  and  makes 
the  further  provision  that  no  annuitant  be  permitted  to  retire 
and  receive  his  annuity  during  that  period. 

It  is  my  judgment  that  no  more  teachers  should  be  added  to 
the  eligibles  until  the  whole  subject  has  been  carefully  consid- 
ered by  the  committee  appointed  by  this  legislature  to  investi- 
gate the  condition  of  the  fund  and  make  its  recommendations 
to  the  next  legislature,  which  body  will  then  be  in  a  position  to 
handle  the  whole  subject  intelligently. 

For  the  foregoing  reasons,  as  well  as  for  the  reasons  given  in 
my  vetoes  to  bills  570,  S.,  and  105,  S.,  I  decline  to  approve  this  bill. 
Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 

Dated,  July  26,  1919. 


To  the  Honorable,  the  Assembly: 

I  herewith  return,  without  my  approval,  bill  No.  450,  A. 

This  bill  amends  subsection  5  of  section  573f  of  the  statutes. 
This  subsection  has  twice  before  been  amended  by  bills  num- 
bered 231,  S.,  and  355,  S.,  at  the  present  session  of  the  legis- 
lature, but  this  bill  does  not  incorporate  either  of  the  amend- 
ments. This  bill  reached  me  on  July  23  and  I  have  held  it 
until  this  time  thinking  that  three-fifths  of  both  houses  of  the 
legislature  might  be  back  before  my  time  limit  upon  it  expired, 
but  such  has  not  been  the  fact. 

As  the  section  of  the  statutes  above  referred  to  affects  the 
revenues  of  the  state,  it  would  take  three-fifths  of  the  members 


388  MESSAGES  TO  THE  LEGISLATURE 

elect  to  satisfy  the  constitutional  requirements  as  to  a  quorum. 

Furthermore,  this  bill  provides  that  if  any  dependent  child 
is  six  years  of  age  or  older,  he  shall  be  a  pupil  either  in  an  all 
day  school  or  a  part  time  day  school  before  the  mother,  grand- 
parents or  persons  having  the  care  or  custody  of  the  child  re- 
ceive aid  for  such  child. 

No  exception  is  made  for  the  child  who,  on  account  of  phys- 
ical or  mental  defects,  is  unable  to  attend  school.  Undoubtedly, 
there  are  many  such  children  whose  mothers,  grandparents  or 
other  persons  having  the  care  and  custody  thereof,  ought  to  re- 
ceive aid;  in  fact,  they  are  probably  the  most  deserving  of  any 
and  I  can  not  consent  to  deprive  them  of  it. 

Eespectf ully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 

Dated,  July  29,  1919. 


To  the  Honorable,  the  Assembly: 

I  return  herewith  Bill  No.  614,  A.,  without  my  approval. 

This  bill  creates  a  body  corporate  with  the  right  to  hold  prop- 
erty in  the  name  of,  and  in  trust  for  the  state  by  purchase  or 
otherwise,  to  sue  and  be  sued,  and  to  have  any  and  all  other 
rights  and  powers  given  by  law  to  bodies  corporate  in  so  far  as 
the  same  may  be  necessary  and  required  for  the  purposes  of  carry- 
ing out  the  provisions  of  the  bill. 

Section  7  provides  that  the  board,  with  the  consent  of  the  Gov- 
ernor, may  purchase  lands  in  quantities  deemed  necessary  to 
carry  out  the  purposes  of  the  bill.  The  payment  for  such  land 
shall  be  made  from  funds  provided  by  the  state  and  there  is  ap- 
propriated from  the  general  fund  to  the  board  on  July  1st,  1919, 
$500,000.00  and  on  July  1st,  1920,  $500,000.00  to  meet  the  obli- 
gations created  by  the  board. 

The  board  may,  prior  to  the  disposition  of  the  land  to  set- 
tlers or  at  any  time  within  five  years  after  the  same  has  been 
purchased  under  a  settler's  contract,  prepare  all  or  any  part  of 
such  land  for  drainage  and  cultivation  and  lease  the  same.  It 
may  seed,  plant  and  fence  such  lands,  erect  buildings  or  make 
other  improvements  including  the  providing  of  water  supply  to 
such  an  extent  as  in  its  judgment  will  fully  carry  out  the  pur- 
poses of  the  law. 


SESSION  OF  1919  389 

The  board  may  also  make  loans  to  settlers  on  the  security  of 
live  stock  and  farm  implements. 

Payments  for  the  land  may  be  spread  over  a  period  not  ex- 
ceeding forty  years  and  bear  five  per  cent  interest,  computation 
as  to  payment  being  those  used  by  the  federal  lands  bank.  All 
monies  received  by  the  board  shall  be  paid  within  one  week  after 
receipt  to  the  general  fund  and  are  appropriated  therefrom  and 
added  to  the  million  dollar  appropriation  provided  in  this  bill. 

Stated  briefly  this  bill  creates  a  board  to  which  is  appropriated 
one  million  dollars  of  the  taxpayers  money  from  the  general  fund 
of  this  state,  which  it  may  use  as  a  revolving  fund  with  which 
it  may  engage  in  the  general  land  settlement  business. 

The  bill  is  clearly  in  violation  of  several  constitutional  provi- 
sions. The  constitutional  limitations  that  I  refer  to  provide  as 
follows : 

The  state  shall  never  contract  any  debt  for  works  of  internal 
improvement  or  be  a  party  in  carrying  on  such  works. 

The  clearing  of  land  and  other  improvements  authorized  by 
this  bill  cannot  be  construed  otherwise  than  internal  improvements. 

The  state  is  prohibited  from  contracting  any  debt  except  for 
the  purpose  of  defraying  extraordinary  expenditures  of  the  state, 
not  exceeding  in  the  aggregate  one  hundred  thousand  dollars, 
(Avhich  debt  limit  has  already  been  exceeded). 

You  will  observe  that  the  board  is  authorized  to  make  contracts 
which  are  in  substance  an  obligation  of  the  state,  and  therefore 
create  a  debt  in  violation  of  the  above  constitutional  provision. 

The  bill  also  violates  the  constitutional  provision  which  pro- 
vides that  the  Legislature  shall  provide  for  an  annual  tax  suf- 
ficient to  defray  the  estimated  expenses  of  the  state  for  each 
year.  The  tax  provided  for  by  this  bill  is  not  expenses  of  the 
state  within  this  constitutional  prohibition. 

These  constitutional  prohibitions  have  all  been  clearly  stated 
in  the  case  of  State,  ex  rel  Owen  vs.  Donald,  160,  Wis.  21. 

Some  provisions  of  this  bill  border  close  to  the  humorous.  In 
section  4  it  makes  this  provision :  "In  order  to  aid  and  provide 
for  the  returned  soldiers  and  sailors  who  have  been  honorably 
discharged  and  as  a  just  and  fitting  reward  in  the  manner  of 
pay,  bonus  or  reward  for  their  services  to  the  state  and  nation, 
and  to  provide  reasonable  opportunity  for  employment  the  board 


390  MESSAGES  TO  THE  LEGISLATURE 

may  acquire  agricultural  lands  suitable  for  colonization,  and  so 
forth." 

The  same  section  closes  as  follows:  "It  may  also  whenever  a 
finding  of  public  necessity  shall  be  made  as  hereinafter  provided 
sell  and  convey  any  land  so  purchased  to  others  than  honorably 
discharged  soldiers,  sailors  and  their  dependents;"  and  it  makes 
the  still  further  provision  that  any  citizen  of  the  United  States 
who  is  prepared  to  take  possession  of  the  land  within  six  months 
from  the  date  of  the  contract  and  who  is  not  the  owner  of  agri- 
cultural lands  to  the  value  of  three  hundred  dollars  may  become 
such  purchaser. 

It  is  difficult  indeed  to  see  wherein  the  soldier  is  given  any 
right  under  this  bill  that  is  not  given  to  every  other  citizen  of 
the  United  States.  Surely  nothing  is  given  to  him  that  is  not 
offered  to  any  other  purchaser,  in  fact  any  person  residing  any- 
where in  the  United  States  who  does  not  own  three  hundred 
dollars  worth  of  agricultural  land  is  just  as  eligible  to  the  privi- 
leges contained  in  this  bill  as  is  the  soldier,  even  though  the  latter 
has  rendered  distinguished  service  to  his  country  and  may  be 
wounded  or  disabled  for  life.  Any  multimillionaire,  it  matters 
not  where  he  resides  prior  to  the  purchase  of  the  land,  may  take 
advantage  of  the  provisions  of  this  bill  to  acquire  property  for  a 
summer  resort,  if  for  no  other  purpose,  and  enjoy  every  right 
and  privilege  that  is  granted  to  the  soldier. 

It  seems  to  me  that  the  conclusion  is  unavoidable  that  the  sol- 
dier was  brought  into  this  bill  for  the  purpose  of  giving  it  a  clear 
road  through  the  Legislature.  No  special  rights  or  privileges 
are  granted  to  him  at  all.  Surely  he  has  the  rights  of  a  citizen, 
and  no  special  mention  of  the  soldier  and  sailor  was  necessary  ex- 
cept for  the  purpose  of  making  it  appear  that  he  will  receive  a 
special  favor,  which  cannot  be  found  in  the  bill. 

For  the  reasons  above  stated  I  return  this  bill  without  my  ap- 
proval. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 
Dated,  July  30,  1919. 


SESSION  OF  1919  391 

MESSAGE  OF  THE  GOVERNOR. 

September  4,  1919. 

To  the  Senate  and  Assembly: 

During  the  closing  days  of  the  regular  session  you  passed  Bill 
No.  348,  S.,  otherwise  known  as  the  "Nye  Educational  Bill," 
which  provided  for  a  bonus  of  thirty  dollars  per  month  for  a 
maximum  term  of  four  years,  to  any  person  who  was  honorably 
discharged  or  released  or  on  furlough  from  the  military  or  naval 
service  of  the  United  States,  who  entered  the  service  prior  to 
October  1,  1918,  and  who  wished  to  attend  the  Wisconsin  Uni- 
versity, any  one  of  the  state  normal  schools,  Stout  Institute,  the 
Wisconsin  mining  school  or  any  private  college  that  maintained 
a  Students'  Army  Training  Corps  during  the  year  1918,  the  com- 
pensation to  be  paid  each  month  during  the  time  that  the  student 
actually  attends  such  school  for  the  period  stated. 

The  benefits  of  the  bill  were  available  only  to  such  persons 
who  possessed  the  necessary  entrance  requirements  of  the  institu- 
tions named,  excepting  such  as  may  be  admitted  as  adult  specials. 
The  bill  made  no  provision  whatsoever  for  those  who  rendered 
service  but  did  not  have  the  necessary  educational  qualifications  to 
give  them  admission  to  these  institutions  of  learning. 

I  vetoed  the  bill  because  it  denied  a  valuable  privilege  to  a 
large  number  of  men  who  had  rendered  service,  but  did  not  have 
the  educational  qualifications  necessary  to  take  advantage  of  it, 
and  for  the  further  reason  that  no  provision  was  made  for  the 
increased  instructional  staff  and  other  facilities  that  are  required 
to  meet  the  demands  made  upon  the  state  educational  institutions 
as  the  result  of  such  a  law. 

I  stated  in  my  veto  message  that  I  would  cause  a  questionnaire 
to  be  submitted  to  the  men  who  had  rendered  service  for  the 
purpose  of  determining  the  number  that  wish  to  take  advan- 
tage of  this  offer  by  the  state;  also  for  the  purpose  of  ascertain- 
ing the  number  of  such  applicants  who  have  the  educational  qual- 
ifications to  enter  the  higher  institutions  of  learning;  also  the 
number  who,  by  reason  of  not  being  so  qualified,  wish  to  attend 
our  public  or  vocational  schools. 

As  stated  in  my  veto  message,  I  assume  that  you  wish  to  enact 
legislation  that  will  embody  the  principle  of  the  Nye  Bill  of  grant- 
ing an  educational  privilege  to  the  soldiers,  sailors  and  marines 
who  rendered  service  during  the  war  and  I  have  called  you  in 


392  MESSAGES  TO  THE  LEGISLATURE 

special  session  for  the  purpose  of  submitting  to  you  the  results 
of  our  investigation,  which,  I  am  sure,  will  guide  you  in  framing 
a  new  bill  which  will  more  fully  and  in  a  more  equitable  manner 
cover  the  subject. 

According  to  the  latest  information  published  by  the  Provost 
Marshal  General's  Office  and  by  the  United  States  Navy  Depart- 
ment, approximately  118,000  soldiers,  sailors,  and  marines  en- 
tered the  service  from  the  state  of  Wisconsin.  Owing  to  the  fact 
that  all  Selective  Service  records  have  been  shipped  to  Washing- 
ton, by  order  of  the  government,  it  was  not  possible  to  ascertain 
the  post-office  address  of  all  these  men.  The  Adjutant  Gen- 
eral's office  mailed  81,933  questionnaires  to  men  of  known  ad- 
dress, and  from  the  replies  thus  far  received  we  have  been  able 
to  make  the  following  compilation: 

Number  who  are  qualified  to  enter  the  University 

and  who  have  expressed  a  desire  to  do  so ....  2,745 

Number  who  are  qualified  to  enter  the  normal 
schools  and  who  have  expressed  a  desire  to 
so  306 

Number  who  are  qualified  to  enter  Stout  Institute 

and  who  have  expressed  a  desire  to  do  so 77 

Number  who  are  qualified  to  enter  the  Wisconsin 
mining  school  and  who  have  expressed  a  desire 
to  do  so 52 

Number  who  desire  to  enter  private  colleges  of  the 

state 770 

Number  who  are  not  qualified  to  enter  the  higher 
institutions  of  learning  but  who  nevertheless 
wish  to  attend  some  school 3,029 

The  replies  are  still  being  received  and  there  is  good  reason  to 
believe  that  not  less  than  10,000  will  wish  to  take  advantage  of 
the  educational  privilege  if  the  bonus  provided  in  the  Nye  Bill 
is  enacted  into  law. 

I  cannot  in  this  message  go  into  every  detail  that  your  new 
bill  should  provide.  The  State  Board  of  Education  has  made 
an  exhaustive  study  of  the  whole  subject  and  will  present  its  con- 
clusions if  you  so  desire.  I  will,  however,  state  the  general  prin- 
ciples which  I  believe  should  govern  in  the  framing  of  a  bill: 

1st.     The  legislation  is  designed  as  an  expression  of  gratitude 


SESSION  OF  1919  393 

on  the  part  of  the  state  to  those  who  served  the  nation  directly 
in  a  military  way,  and  all  such  should  be  included  within  its  pro- 
visions. I  suggest,  therefore,  that  the  benefits  go  to  all  who  were 
in  the  service  on  November  1,  1918,  including  the  nurses  who 
were  in  the  military  or  naval  service. 

2nd.  The  educational  opportunity  must  be  available  to  all 
persons  who  were  in  the  service  at  the  time  stated,  without  refer- 
ence to  their  educational  preparation. 

3rd.  The  educational  opportunity  must  be  of  such  a  charac- 
ter as  to  meet  the  widely  varied  needs  of  the  persons  for  whom 
it  is  intended  and  given  at  such  time  and  for  such  periods  as 
will  make  the  opportunity  actually  available. 

The  matter  of  providing  the  necessary  facilities  for  so  large  a 
number  of  students  presents  many  difficulties.  At  the  university 
there  is  already  a  large  registration  and  it  is  expected  by  the 
beginning  of  the  fall  term  the  number  of  students  who  will  ask 
for  admission  in  the  usual  manner  will  reach  6,000.  This  num- 
ber is  fully  1,000  more  than  was  expected  and  provided  for  by 
the  budget.  The  school  has  sufficient  capacity  to  accommodate 
possibly  1,000  students  over  and  above  the  regular  applicants. 
The  question  of  housing  them,  however,  presents  a  more  serious 
aspect.  A  canvass  is  being  made  by  the  university  authorities  for 
every  available  room  in  the  city  of  Madison,  and  while  it  is  not 
yet  complete,  the  indications  are  that  it  may  be  impossible  to 
quarter  any  large  number  in  excess  of  the  regular  attendance. 

The  best  that  can  be  done  under  existing  circumstances  is  to 
send  to  the  university  as  many  as  we  can  find  room  for  and  to 
distribute  the  balance  of  the  soldier  applicants  among  the  several 
normal  schools  and  private  colleges,  and  in  order  that  this  work 
may  be  systematically  done,  I  recommend  that  you  give  the  power 
of  distribution  to  the  State  Board  of  Education. 

Some  provision  must  be  made  for  those  who  are  unable  to  at- 
tend the  higher  institutions  of  learning,  and  I  recommend  that  the 
State  Board  of  Education  be  given  the  power  to  arrange  with 
the  high  schools  of  the  state  for  special  departments  for  the  bene- 
fit of  the  soldier  students  where  all  grades  will  be  taught. 

I  also  recommend  that  you  declare  all  private  colleges  eligible 
to  receive  these  students  whether  they  maintained  a  Students' 


394  MESSAGES  TO  THE  LEGISLATURE 

Army  Training  Corps  or  not.  I  feel  this  must  be  done  in  order 
to  enable  us  to  place  all  those  who  will  make  application  under 
your  bill  if  it  becomes  a  law. 

In  order  that  you  will  understand  what  the  privilege  offered 
in  the  proposed  bill  will  cost  the  taxpayers  of  this  state,  I  sub- 
mit the  following  estimates  on  the  basis  of  10,000  students: 

Bonus  per  annun $2,850,000 

Appropriation  necessary  for  additional  instruc- 
tional staff  and  other  expenditures  at  the 
University,  normal  schools,  Stout  Institute 
and  the  Wisconsin  mining  school  per  annum.  500,000 
Cost  of  special  schools  and  high  schools  and  vo- 
cational training 330,000 


Making  a  total  of  (per  year) $3,680,000 


Assuming  that  the  attendance  will  not  be  reduced  during  the 
four  years  that  the  law  is  operative,  as  provided  in  the  Nye 
Bill,  the  total  expenditures  would  be  $14,720,000. 

There  are  several  offsets  which  may  be  taken  into  considera- 
tion. If  the  bonus  bill  which  is  being  voted  upon  by  the  people 
becomes  a  law,  and  the  same  provision  is  made  in  your  new 
bill  that  was  in  the  Nye  Bill,  those  who  take  advantage  of  the 
educational  offer  will  not  receive  the  bonus.  That  will  save  the 
state  approximately  $1,000,000,  which  may  be  deducted;  also  an 
appropriation  of  $50,000  for  additional  teachers  at  the  normal 
schools,  and  $10,000  to  the  Stout  Institute.  Those  appropria- 
tions were  made  during  the  last  session  contingent  upon  the  neces- 
sity of  employing  an  additional  teachers'  force.  The  same  items 
are  included  in  the  estimates  that  I  have  here  presented. 

I  recommend  that  the  appropriations  made  to  carry  out  the 
purposes  of  this  bill  be  made  to  the  State  Board  of  Education, 
and  that  general  supervision  be  given  to  that  body  to  carry  out 
the  purposes  of  the  law.  You  no  doubt  will  appreciate  that  it 
will  be  impossible  to  cover  every  feature  of  this  enterprise  by 
statute.  The  law  should  be  flexible  in  order  to  permit  the  State 
Board  of  Education  to  meet  all  the  conditions  that  will  arise 
under  it.  No  doubt  many  situations  will  arise  that  cannot  be 


SESSION  OF  1919  395 

foreseen,  and  in  so  much  as  your  bill,  if  enacted  into  law,  is  an 
expression  of  gratitude  on  the  part  of  the  people,  the  law  should 
be  so  framed  that  no  embarrassing  situation  will  arise  under  it 
and  that  no  worthy  person  will  be  denied  the  privileges  that  it 
is  proposed  to  give  to  those  people  who  have  rendered  service  to 
the  nation  in  the  hour  of  peril. 

I  ask  you  to  amend  the  following  laws  in  accordance  with 
bills  which  have  been  prepared  and  will  be  submitted  to  you: 

Chapter  674,  Laws  of  1919,  and  otherwise  known  as  the  Blue 
Sky  Law; 

Chapter  542,  Laws  of  1919,  relating  to  county  tax  for  needy 
soldiers ; 

Chapter  660,  Laws  of  1919,  relating  to  the  appropriation  for 
the*  State  Superintendent  of  Schools.  In  this  ^appropriation  the 
Superintendent's  salary  was  inadvertently  omitted. 

I  also  ask  you  to  consider  legislation  validating  bond  issue  of 
municipalities,  villages  and  school  districts,  and  to  permit  county 
boards  to  make  appropriations  for  the  collection,  publication  and 
distribution  of  war  records. 


396  MESSAGES  TO  THE  LEGISLATURE 


GOVERNOR'S  MESSAGE  TO  THE  SPECIAL  SESSION  OF 
THE  1920  LEGISLATURE 

May  25,  1920. 
Gentlemen  of  the  Senate  and  Assembly: 

I  have  called  you  to  meet  in  special  session  to  enact  such  urgent 
legislation  as  I  deem  necessary  to  meet  certain  emergencies  that 
have  arisen  as  the  result  of  the  war,  and  which  affect  the  cost 
of  living  and  expenditures  that  are  necessary  to  uphold  our  edu- 
cational institutions. 

I  shall  also  submit  to  you  the  proposition  of  constructing  a 
state  hospital  and  the  plans  for  its  operation,  which  I  deem  in 
the  interest  of  the  masses  of  the  people;  the  establishment  of  a 
complete  course  in  medical  education  and  such  other  legislation 
as  seems  urgent  at  this  time. 

BENTS 

The  situation  in  our  cities,  and  suburbs,  and  particularly  in 
the  industrial  cities,  with  reference  to  rents  that  are  being  de- 
manded by  landlords,  has  become  so  acute  that  some  regulation 
by  the  state  must  be  established  to  protect  helpless  tenants  against 
unreasonable  exactions. 

I  would  not  in  normal  times  advise  that  the  state  interfere 
with  the  free  operation  of  the  law  of  supply  and  demand.  How- 
ever, under  such  conditions  as  now  exist  in  our  industrial  cities, 
under  which  the  shortage  of  living  quarters  has  become  so  acute 
that  it  can  no  longer  be  said  that  the  tenant  has  the  option  of 
paying  the  landlord's  price  or  move  to  other  quarters,  the  un- 
fortunate man  who  has  not  a  home  of  his  own  finds  himself  in 
the  position  of  the  man  with  his  back  to  the  wall,  unable  to  move 
in  any  direction.  If  the  landlord  will  not  listen  to  his  appeal 
for  fair  treatment,  then  in  all  fairness,  to  whom  can  he  appeal 
for  protection? 

To  say  that  he  is  the  victim  of  a  situation  that  cannot  be 
changed  except  by  natural  laws  is  to  say  that  Justice  operates 
only  through  a  slow  process,  and  that  government  cannot  care 
for  its  people  in  an  emergency.  Surely  that  would  be  a  con- 
fession of  weakness  that  the  American  people  will  not  willingly 
subscribe  to. 


SESSION  OF  1920  397 

I  have  received  many  complaints  about  housing  conditions  from 
individuals  who  appealed  to  me  for  help.  The  daily  press  has 
printed  many  columns  describing  these  conditions.  However,  to 
make  sure  that  the  conditions  complained  of  are  not  overstated, 
I  appointed  a  committee  of  five  able  men  to  make  an  investiga- 
tion in  the  city  of  Milwaukee,  which  I  believe  to  be  the  most 
congested  city  in  our  state,  and  report  their  findings  to  me. 

The  committee  has  filed  its  report.  For  brevity's  sake  I  am 
permitted  to  use  only  a  few  deductions  from  it.  Their  report 
states  in  part: 

"We  find  that  a  large  number  of  owners  or  lessors  of  prop- 
erty have  taken  advantage  of  the  situation  created  by  the  short- 
age of  dwellings  to  increase  rents  beyond  an  amount  necessary 
to  make  a  fair  or  even  liberal  return  on  their  investment.  On 
the  other  hand,  many  other  owners  of  property  are  to  be  com- 
mended for  their  reasonableness  in  fixing  rents,  in  view  of  pres- 
ent conditions. 

"The  most  pernicious  evil,  and  the  least  justifiable,  is  the  leas- 
ing of  apartments  by  certain  persons  and  re-leasing  them  at  great- 
ly increased  prices.  In  most  instances  the  rental  paid  to  the 
landlord  by  such  persons  is  sufficient  to  furnish  the  landlord 
a  fair  return  on  investment  and  the  rents  which  are  exacted 
by  such  persons  are  greatly  in  excess  of  that  amount.  In  some 
instances  the  person  performs  a  legitimate  service  to  the  com- 
munity by  leasing  apartment  buildings  or  a  number  of  apart- 
ments in  a  building,  furnishing  them  and  re-leasing  them.  In 
other  cases,  however,  where  the  apartments  are  not  furnished, 
no  service  whatever  is  rendered  to  the  community,  and  the  per- 
son entering  the  field  is  an  unnecessary  and  unjustifiable  burden 
upon  the  occupants  of  rented  premises;  even  in  the  case  of  the 
renting  of  apartments,  furnishing  them  and  re-renting,  a  serious 
wrong  has  been  done  to  the  tenants  by  reason  of  such  person 
exacting  rentals  which  are  entirely  out  of  proportion  to  his  in- 
vestment or  risk.  In  at  least  one  case  the  rental  exacted  is  suf- 
ficient to  make  a  net  return  of  one  hundred  (100%)  per  cent 
upon  the  investment  in  furnishings  and  equipment. 

"Our  investigation  further  shows  that  rentals  have  been  in- 
creased in  the  City  of  Milwaukee  as  much  as  one  hundred  (100%) 
per  cent  above  the  rentals  received  for  the  same  property  May 
1,  1919.  None  of  the  landlords  or  real  estate  men  who  appeared 


398  MESSAGES  TO  THE  LEGISLATURE 

before  the  committee  claimed  to  justify  an  increase  of  rentals 
in  excess  of  twenty-five  (25%)  per  cent  above  a  fair  rental  in 
May,  1919,,  and  no  one  appearing  before  the  committee  produced 
figures  to  justify  even  an  increase  of  twenty-five  (25%)  per  cent. 

"Your  committee  further  finds  that  rentals  have  been  largely 
increased  by  persons  selling  property  to  others  at  large  increases 
over  the  original  cost  of  the  property  and  re-renting  to  make 
a  large  income  on  the  basis  of  the  purchase  price.  Income  in- 
stances your  committee  has  found  that  no  sale  has  actually  been 
made  and  that  the  pretended  sale  was  resorted  to  simply  for  the 
purpose  of  exacting  rentals  which  the  landlord  had  not  the  cour- 
age to  demand.  The  result  of  this  action  has  been  that  with 
the  boosting  of  prices  for  property,  rents  have  increased,  and 
with  the  boosting  of  rents  the  prices  at  which  property  may  be 
sold  has  been  increased,  and  that  there  has  been  a  continuous 
round  of  purchase,  increased  rentals  and  re-sales. 

"Your  committee  further  finds  that,  to  a  considerable  extent, 
the  situation  is  brought  about  by  tenants  out-bidding  each  other 
for  premises.  Those  who  are  able  to  pay  for  the  high  priced 
dwellings  have  offered  exorbitant  rentals  for  such  premises,  mak- 
ing it  necessary  for  the  tenants  of  such  premises  to  move,  and 
such  tenants  have  in  turn  offered  exorbitant  rentals  for  less  de- 
sirable premises,  making  it  necessary  for  tenants  of  such  places 
to  move,  the  result  being  that  those  least  able  to  pay  the  rentals 
are  without  a  place  to  live.  In  some  instances  this  has  made 
it  necessary  for  families  to  be  divided,  the  wife  and  children 
going  to  live  with  the  wife's  parents  and  the  husband  either  rent- 
ing a  room  or  going  to  a  hotel.  In  other  instances  it  has  com- 
pelled two  or  more  families  to  occupy  apartments  which  are 
designed  and  have  room  for  only  one  family.  Many  persons  are 
today  facing  eviction  because  of  inability  to  meet  increased  ren- 
tals and  who  after  long  and  diligent  search  are  unable  to  find 
a  place  to  live. 

"Your  committee  regards  the  situation  as  one  which  affects 
so  seriously  the  home  conditions  and  well-being  of  the  people  of 
the  city  that  it  deems  it  necessary  that  some  action  be  taken  to 
prevent  extortionate  rents/' 

The  utter  helplessness  of  the  tenant  and  the  effect  of  what  we 
may  choose  to  call  "an  epidemic  of  high  rents"  upon  the  morals, 
health  and  general  welfare  of  the  people,  as  reported  by  the 


SESSION  OF  1920  399 

press  from  time  to  time,  has  been  fully  sustained  by  the  findings 
of  this  special  committee.  As  I  see  it,  briefly  stated,  the  situa- 
tion is  this:  Owing  to  an  increased  industrial  population  since 
the  close  of  the  war,  and  the  fact  that  no  new  houses  are  being 
built  on  account  of  the  increased  cost  of  labor  and  material,  there 
exists  a  great  shortage  of  housing  accommodations.  This  fact 
has  encouraged  some  landlords  and  lease  holders  to  increase  their 
rents  beyond  all  reason,  and  they  are  able  to  secure  such  increases 
because  the  people  are  unable  to  find  other  quarters. 

The  housing  question  is  a  situation  that  has  been  brought 
upon  us  as  a  result  of  the  war,  and  should  be  considered  as  an 
emergency  that  must  be  met  as  we  have  met  other  war  problems 
—by  emergency  legislation.  There  can  be  no  doubt  that  the  legis- 
lature has  a  right  to  do  this  under  the  welfare  and  police  powers 
of  the  state. 

There  should  be  neither  thought  nor  desire  to  injure  those  who 
have  dealt  fairly  with  their  tenants,  either  through  patriotic  or 
other  motives — in  fact,  they  deserve  our  unstinted  praise.  How- 
ever, those  who  have  taken  advantage  of  the  situation  either  di- 
rectly or  by  skilful  device,  have  compelled  the  state  to  resort 
to  efficient  regulation.  It  is  an  inefficient  government  indeed 
that  will  permit  avarice  to  pick  the  people's  pockets  or  permit 
honest  people  to  be  set  upon  the  streets  by  the  unreasonable  ex- 
actions of  soulless  property  owners  or  their  equally  soulless  agents. 

The  conditions  that  exist  in  the  City  of  Milwaukee  and  its 
suburbs  exists  in  other  cities  of  the  state;  however,  not  so  exten- 
sively, but  in  order  to  furnish  them  a  remedy  also  I  have  in- 
cluded them  in  this  call. 

Briefly  stated,  the  thing  to  be  accomplished  is  to  establish  an 
emergency  regulation  by  law  that  will  insure  just  and  reason- 
able rents.  This  should  be  construed  to  mean  a  fair  return  to 
the  landlord  for  the  use  of  his  property  and  the  services  rendered. 
A  rent  based  upon  that  principle  will  be  fair  and  just  to  the 
tenant. 

The  business  of  lease  brokers,  or  middlemen,  should  be  regu- 
lated so  that  the  rates  established  by  the  commission  shall  be 
the  maximum  amount  that  can  be  collected  either  by  the  owner, 
his  agent,  or  sublessor. 

The  provisions  which  will  protect  the  tenant  against  unrea- 


400  MESSAGES  TO  THE  LEGISLATURE 

sonable  evictions  and  the  other  details  provided  are  all  set  forth 
in  bills  which  will  be  presented  to  you. 

The  bill  places  the  administration  of  the  law  with  the  Rail- 
road Commission.  Full  authority  is  given  to  that  body  to  fix 
the  valuations  upon  which  rates  of  rent  may  be  established.  The 
Commission  is  directed  by  the  proposed  bill  to  base  its  rates  of 
rent  upon  the  principle  of  fairness  and  justice  to  both  landlord 
and  tenant,  and  it  differs  from  rent  regulatory  laws  attempted 
elsewhere  in  this  vital  principle,  it  does  not  attempt  to  arbitrarily 
establish  a  maximum  rate  regardless  of  costs,  service  and  other 
conditions ;  nor  does  it  compel  the  tenant  who  may  be  aggrieved 
to  seek  relief  in  the  courts.  If  the  landlord  will  exercise  his 
privilege  to  appeal  to  the  courts,  the  state  assumes  the  burden 
of  the  litigation  and  will  go  to  court  in  an  attempt  to  sustain 
its  findings. 

There  is  nothing  in  the  proposed  bill  that  should  be  construed 
as  an  attempt  at  discouraging  building.  It  might  with  equal 
force  be  claimed  that  the  state  utility  law  has  discouraged  the 
construction  of  new  utilities — a  statement  that  could  not  be  sub- 
stantiated. It  is  calculated  merely  to  protect  tenants  against  un- 
reasonable rentals  during  the  present  emergency,  and,  unless  amend- 
ed or  changed,  the  bill  if  enacted  into  law  will  terminate  on  April 
30,  1923. 

The  argument  is  frequently  used  that  the  remedy  for  the  high 
rent  evil  is  to  build  more  houses.  I  agree  with  that  statement 
and  such  a  move  must  ultimately  be  undertaken.  We  may  as 
well  recognize  the  fact  that  industry  will  not  succeed  without 
sufficient  labor,  and  labor  cannot  make  itself  available  for  in- 
dustry without  proper  housing  facilities. 

We  may  reasonably  expect  that  when  the  cost  of  building  is 
reduced  to  a  point  where  normal  rents  will  pay  a  fair  return 
on  capital  invested,  large  building  operations  will  be  undertaken. 
However,  little  is  being  done  now,  and  the  relief  that  we  may 
expect  from  that  source  is  all  in  the  future,  perhaps  in  the  far 
off  future.  We  can  only  guess  when  the  time  will  come  when 
we  will  realize  this  hope. 

It  is  the  present  emergncy  that  I  am  asking  you  to  deal  with. 
The  remedy  that  the  people  are  asking  for  now  lies  in  your 
hands  and  I  feel  confident  that  you  will  not  disregard  their 
appeals. 


SESSION  OF  1920  401 

HOSPITAL  AND  MEDICAL  SCHOOL 

The  original  statute  which  established  a  medical  school  at  the 
university  provided  that  the  school  "shall  consist  of  courses  of 
instruction  customarily  covered  in  the  first  two  years  of  a  medical 
curriculum." 

The  session  of  1919  changed  the  statute  to  read  "The  medical 
school  shall  consist  of  courses  of  instruction  in  the  medical  sci- 
ences customarily  given  in  medical  schools,  and  may  include 
such  additional  branches  as  the  regents  may  determine." 

This  amendment  gave  authority  to  the  regents  to  establish  a 
four  year  or  full  medical  course.  No  appropriation  was  made 
for  it  and  the  school  continued  its  two  year  course,  believing 
that  it  would  find  no  difficulty  in  placing  two  year  students  in 
representative  colleges  of  the  country  where  they  might  finish  their 
medical  education. 

It  is  a  well-known  fact  that  since  the  close  of  the  war  there 
has  been  a  great  increase  in  the  demand  for  college  education, 
which  has  affected  all  branches  taught,  including  medical  edu- 
cation as  well  as  other  specialties.  I  am  advised  by  the  univer- 
sity management  that  this  year  we  have  about  one  hundred  sopho- 
more and  one  hundred  fifty  freshmen  premedical  students,  and 
that  other  schools  have  the  same  high  percentage  of  attendance, 
and  that  it  is  very  doubtful  whether  we  shall  be  able  to  place 
any  large  number  in  desirable  colleges  to  finish  their  education 
— in  fact  it  looks  as  if  it  would  be  impossible  to  do  so  in  the 
future. 

Briefly  stated,  the  medical  school  at  the  university  is  called 
upon  to  decide  upon  one  of  the  three  following  alternatives: 

1st.  To  restrict  the  number  of  students  admitted  to  the  medi- 
cal school  each  year  to  very  small  numbers  and  to  make  it  clear 
to  these  students  that  there  is  no  certainty  of  their  being  able 
to  place  all  of  them  in  good  schools  to  finish  their  education. 

2nd.  To  abandon  medical  instruction  at  the  University  of  Wis- 
consin. 

3rd.  To  take  immediate  steps  to  establish  a  complete  medical 
course. 

Our  university  cannot  well  afford  to  reject  applicants  for  this 
course;  nor  is  it  right  and  fair  to  the  students  that  we  should 
accept  any  of  them  unless  we  feel  certain  that  we  can  find  places 
for  them  in  good  colleges  where  they  can  complete  their  medical 


402  MESSAGES  TO  THE  LEGISLATURE 

education.  Nor  is  it  in  the  interest  of  the  people  of  the  state 
that  the  university  discontinue  medical  training.  I  shall  not  be- 
lieve that  it  is  their  wish  that  the  institution  do  this. 

There  is,  therefore,  only  one  alternative  left,  and  that  is  to 
establish  a  full  four  year  medical  course  by  making  the  neces- 
sary appropriation  for  it. 

It  is,  of  course,  not  possible  to  give  complete  medical  and  sur- 
gical instruction  without  having  access  to  a  hospital,  built  for 
the  purpose  of  instruction  where  large  clinics  may  be  held. 

It  has  been  urged  against  the  project  of  establishing  a  com- 
plete medical  course  at  the  university  that  the  city  of  Madison 
is  too  small,  and  that  there  is  not  sufficient  population  available 
that  would  furnish  the  material  for  clinical  purposes.  It  has 
been  contended,  and  no  doubt  it  will  be  contended  again,  that 
successful  medical  schools  can  be  carried  on  only  in  large  cities 
where  sufficient  material  can  be  secured  for  instructional  pur- 


I  believe  that  the  state  is  in  position  to  supply  the  necessary 
clinical  material  for  the  school  with  great  profit  to  the  people. 
Under  an  act  passed  at  the  last  session  of  the  Legislature,  we 
established  a  county  nurse  service.  By  the  first  of  July,  1921, 
if  the  law  is  complied  with  and  we  have  every  reason  to  believe 
that  it  will  be,  every  county  in  the  state  will  have  a  public  nurse 
in  its  service.  Among  the  duties  assigned  to  this  nurse  is  that 
of  visiting  public  schools,  to  examine  the  children  and  make  a 
report  of  their  condition.  The  service  is  centered  in  the  office 
of  the  State  Board  of  Health  and  we  now  have  sufficient  infor- 
mation to  convince  us  that  a  large  number  of  children,  particu- 
larly in  the  country  schools,  are  suffering  from  physical  defects 
that  should  receive  expert  surgical  and  medical  attention.  We 
find  many  with  defective  eyes,  hearing,  tonsils,  teeth,  curvature 
of  the  spine,  defects  of  the  feet  and  legs,  and  other  bodily  ail- 
ments that  in  many  cases  can  be  completely  cured,  and  in  others 
materially  helped  by  expert  physicians. 

There  is  a  tendency,  and  particularly  in  the  country  districts 
to  postpone,  in  many  cases  indefinitely,  the  medical  care  and  at- 
tention that  a  child  in  that  condition  requires. 

I  believe  it  to  be  the  plain  duty  of  the  state  to  look  after  the 
welfare  of  that  type  of  unfortunates.  It  should  be  done  because 
it  is  a  humane  duty  to  do  it.  From  an  economic  standpoint  it 


SESSION  OF  1920  403 

should  be  the  duty  of  the  state  to  guard  against  an  increased 
number  of  dependents. 

Some  central  hospital  should  be  established  where  these  chil- 
dren may  receive  expert  surgical  and  medical  attention,  and  I 
see  in  this  an  opportunity  to  establish  such  a  hospital  in  connec- 
tion with  the  university. 

The  medical  school,  if  it  gives  a  four  year  course,  will  en- 
deavor to  employ  high  grade  medical  talent  and  their  services 
can  be  made  available  for  these  unfortunate  children  and  can 
be  given  without  cost  to  the  people  who  can  be  brought  to  this 
hospital. 

The  state  should  erect  a  hospital  of  approximately  three  hun- 
dred beds,  where  these  unfortunates  may  be  brought  for  med- 
ical care.  Those  whose  parents  can  afford  to  pay  the  cost  of 
maintenance  during  their  stay  in  the  hospital  should,  of  course, 
be  made  to  do  so,  but  the  children  of  poor  parents  should  be 
given  the  same  privileges,  the  cost  of  maintenance  being  paid  by 
the  state  and  the  counties  from  which  they  came. 

The  state  institutions  will  be  able  to  furnish  much  material, 
particularly  the  School  for  Dependent  Children  at  Sparta. 

The  hospital  should  also  have  a  psychopathic  department,  where 
people  who  border"  on  insanity  may  be  brought  for  treatment. 

The  state  has  been  very  successful  in  the  treatment  of  returned 
soldiers  who  were  shell  shocked  or  became  insane  for  other  rea- 
sons at  its  asylum  at  Mendota.  It  is,  however,  recognized  that 
this  type  of  patients  should  not  be  brought  in  contact  with  the 
chronic  insane — in  fact,  the  surroundings  at  Mendota  are  not 
favorable  for  their  treatment.  The  physicians  in  charge  succeeded, 
however,  in  spite  of  this  fact. 

There  is  no  sanitarium  in  Wisconsin  available  for  people  of 
limited  means  who  happen  to  be  in  this  condition.  Private  sani- 
tariums can  be  used  only  by  the  well-to-do  because  of  the  high 
prices  which  they  must  charge,  and  it  seems  that  the  state  should 
make  provision  for  the  care  of  those  of  small  means. 

There  is  still  another  service  that  would  be  of  value  to  the 
people  of  the  state  that  can  be  established  in  connection  with  this 
proposed  hospital.  It  is  a  recognized  fact  that  everywhere  we 
are  very  short  of  nurses  and  the  price  of  nurse  service  is  pro- 
hibitive for  people  of  moderate  means.  While  the  hospitals  are 
rendering  good  service  by  maintaining  schools  for  the  training 


404  MESSAGES  TO  THE  LEGISLATURE 

of  nurses,  the  output  is  not  sufficient.  Furthermore,  the  demand 
for  public  nurses  is  growing  everywhere  and  we  should  train  peo- 
ple to  meet  it. 

This  proposed  hospital,  being  associated  with  the  university, 
should  maintain  a  high  grade  nurse  training  school  in  connec- 
tion with  it  and  would  secure  very  desirable  students  from  the 
university. 

The  argument  that  the  hospital  will  not  attract  enough  emer- 
gency cases  for  clinical  purposes  must  fall  if  we  are  willing  to 
admit  that  expert  medical  service  will  attract  the  people,  it  mat- 
ters not  where  the  clinic  is  located. 

Space  will  not  permit  that  I  discuss  this  matter  any  further 
than  to  say  that  the  universities  of  Michigan,  Iowa  and  Minne- 
sota each  give  a  complete  medical  course,  and  that  the  public 
service  that  I  have  spoken  of  is  given  by  the  universities  of  Michi- 
gan and  Iowa  and  that  it  is  highly  appreciated  by  the  people. 

The  bill  which  will  be  submitted  to  you  contains  substantially 
the  provisions  of  the  laws  of  other  states  that  have  worked  out 
this  problem  by  experience  and  I  am  confident  that  the  people  of 
Wisconsin  will  welcome  this  public  service  by  the  university  of 
which  we  are  so  justly  proud. 

I  cannot  pass  this  subject  without  reminding  you  and  the  peo- 
ple that  it  is  in  our  interest  to  improve  medical  education.  Good 
health  is,  after  all,  the  best  asset  that  any  person  can  have,  and 
we  should  not  neglect  it.  We  have  been  very  generous  in  our 
appropriations  in  the  aid  of  our  animal  industry,  which  is  right 
and  proper  from  every  point  of  view.  We  must,  however,  settle 
it  in  our  own  minds  whether  we  have  been  as  thoughtful  of  the 
health  of  our  people  as  we  should  be. 

The  high  cost  of  living  and  the  attractive  salaries  offered  by 
commercial  institutions  have  created  a  demand  by  teachers  for 
increased  salaries  in  our  entire  educational  system.  It  has  been 
generally  reported  that  many  high  grade  teachers  have  either 
left  the  teaching  profession  to  take  up  other  lines  of  work  that 
are  more  profitable,  or  have  gone  to  schools  in  other  states  that 
are  paying  more  attractive  salaries. 

I  think  it  is  only  fair  to  say  of  the  teachers'  profession  that  a 
vast  majority  of  those  who  are  now  engaged  in  it  are  glad  to 
remain  in  it  because  of  their  love  for  the  work.  However,  we 
cannot  expect  to  hold  them  in  our  schools  if  the  salaries  paid 


SESSION  OF  1920  405 

are  not  adequate  to  meet  their  requirements  under  present  con- 
ditions, or  if  the  salaries  offered  in  other  states  are  more  attrac- 
tive, or  if  offers  in  the  commercial  field  are  sufficiently  large  to 
enable  them  to  live  more  comfortably  and  the  future  holds  out 
brighter  prospects  for  them. 

This  state  cannot  afford  to  reduce  the  standard  of  its  schools. 
That  would  have  an  effect  so  far-reaching  that  we  would  bring 
upon  ourselves  the  curses  of  the  generation  of  young  people  who 
are  now  attending  them.  Nor  would  it  be  morally  right,  or  eco- 
nomically sound,  and  I  am  sure  it  would  be  very  unjust  to  the 
people  who  have  fitted  themselves  for  the  teachers'  profession 
to  force  them  out  of  it  by  pursuing  a  parsimonious  policy  in  deal- 
ing with  our  educational  system. 

In  the  country,  as  in  the  city,  there  is  a  growing  demand 
for  better  education — in  fact,  there  has  been  no  time  since  the 
organization  of  the  state  when  there  was  so  great  a  demand  for 
it,  a  situation  which  the  state  should  look  upon  with  great  favor. 

Because  of  the  complaint  that  teachers'  wages  are  not  sufficient 
to  meet  present  living  conditions  and  the  further  fact  that  there 
is  a  general  feeling  in  the  profession  that  it  has  not  been  fairly 
dealt  with  in  the  matter  of  salaries,  as  compared  with  the  com- 
pensation paid  to  people  in  other  walks  of  life,  I  felt  it  neces- 
sary that  I  call  your  attention  to  all  of  our  schools  and  open  the 
door  to  you  to  the  entire  question,  in  order  to  enable  you  to  make 
the  necessary  salary  adjustments. 

This  matter  is  urgent  because  we  are  now  approaching  the 
period  when  contracts  will  be  made  with  teachers  for  the  schools 
that  will  begin  their  sessions  this  fall.  Furthermore,  justice  in 
this  matter  should  not  be  dekyed  because  their  necessities  are 
pressing  and  whatever  is  done  should  be  done  now  in  order  that 
the  teachers  may  remain  happy  in  their  profession  and  that  we 
shall  not  be  confronted  by  a  shortage  when  the  schools  open  this 
fall;  nor  should  we  wish  to  lose  our  experienced  teachers  and 
take  in  exchange  the  young  and  inexperienced. 

The  university  finds  itself  sorely  pressed  for  funds.  In  order 
to  hold  the  present  professors  and  instructors  it  became  neces- 
sary to  make  a  substantial  advance  in  their  salaries  at  the  be- 
ginning of  the  second  semester  of  this  year.  This  had  to  be  done 
in  order  to  meet  the  advances  made  by  the  universities  of  Minne- 
sota, Michigan  and  Illinois,  which  belong  to  the  class  that  our 


406  MESSAGES  TO  THE  LEGISLATURE 

institution  is  in.  Surely  we  could  not  blame  these  men  if  they 
accepted  offers  from  other  and  similar  institutions  of  learning 
that  paid  better  salaries.  I  think  that  rule  holds  good  every- 
where among  men  and  women  who  must  rely  upon  their  earn- 
ings for  their  support.  The  state  could  not  afford  to  break  down 
the  high  standard  that  has  been  established  at  the  University 
through  the  many  years  of  its  existence  by  refusing  to  satisfy 
its  present  faculty  and  employ  cheaper  and  less  efficient  men, 
and  in  that  way  reduce  the  rank  of  the  institution  to  a  mere 
college. 

Another  very  potent  reason  for  the  increased  expenses  at  the 
university  is  the  increase  in  attendance.  The  last  session  of  the 
Legislature  financed  the  institution  for  a  possible  attendance  of 
five  thousand  students.  I  say  this  not  in  criticism,  because  the 
great  increase  could  not  be  foreseen.  However,  instead  of  five 
thousand  students  there  are  now  seven  thousand  in  attendance, 
and  it  stands  to  reason  that  the  institution  could  not  meet  the 
additional  demands  made  upon  it  without  a  corresponding  in- 
crease in  income,  even  though  an  increase  in  salaries  had  not 
been  necessary. 

An  extraordinary  demand  has  grown  up  since  the  war  for  a 
college  education.  Its  value  is  better  understood  than  before — 
in  fact,  there  is  an  indication  that  this  demand  is  going  to  con- 
tinue to  grow  and  that  we  may  look  for  even  larger  registrations 
each  succeeding  year. 

In  considering  salaries  for  public  service  we  must  not  lose  sight 
of  the  fact  that  in  comparing  salaries  or  whatever  advance  we 
may  make,  with  the  salaries  paid  in  former  years,  every  person 
is  confronted  by  this  fact,  the  purchasing  power  of  the  dollar 
is  only  about  fifty  cents  as  compared  with  the  purchasing  power 
of  the  dollar  six  years  ago.  Therefore,  an  increase  of  one  hun- 
dred per  cent  in  salaries  does  not  enable  the  recipient  to  pur- 
chase any  more  than  he  did  with  the  salary  that  was  paid  at 
the  time  that  I  have  referred  to. 

Briefly  stated,  this  is  the  situation:  Because  of  increased  at- 
tendance and  the  increased  value  of  teachers'  talents,  and  the 
depreciated  value  of  the  dollar,  the  state  is  compelled  to  make 
a  substantial  increase  in  the  university's  income  to  meet  its  re- 
quirements. 

The  relief  that  is  given  must  be  given  now  in  order  to  make 


SESSION  OF  1920  407 

it  available  for  the  second  half  of  the  present  biennium  and  the 
first  half  of  the  next  biennium,  -because  an  increased  appropria- 
tion made  by  the  coming  regular  session  cannot  be  placed  upon 
the  tax  roll  until  December,  1921. 

The  present  university  income  of  three-eighths  of  a  mill  was 
established  in  1911.  At  that  time  the  institution  had  an  attend- 
ance of  4,098  students,  as  compared  with  7,000  at  the  present 
time.  The  tax  does  not  now  yield  enough  to  meet  the  expendi- 
tures and  I  ask  you  to  increase  the  rate  to  five-eighths  of  a  mill. 

Based  on  the  1919  valuation  the  five-eighths  mill  would  pro- 
duce $2,542,000,  as  compared  with  $1,525,000  under  the  three- 
eighths  rate,  or  an  increase  of  approximately  $1,000,000.  The 
total  increased  income  should  be  appropriated  as  follows: 

For  operation $998,529 

Maintenance   43,610 

Capital   (books  and  apparatus) 25,000 

University  extension  operation 18,890 

These  amounts  will  all  be  derived  from  the  proposed  increase  in 
mill  tax  and  increased  revenues  of  the  university. 

There  should  be  appropriated  from  the  general  fund  and  made 
available  immediately  $90,700  for  an  addition  to  the  chemistry 
building.  The  present  building  that  is  being  used  for  that  pur- 
pose is  inadequate,  is  very  much  over-crowded — in  fact,  to  a  point 
where  it  may  be  said  to  be  dangerous.  The  additions  should 
be  built  this  summer. 

If  the  hospital  building  is  authorized,  there  should  be  appro- 
priated $750,000  for  the  hospital  building,  including  the  dispen- 
sary and  clinic;  $300,000  for  a  nurses'  home  and  $450,000  for 
equipment,  furniture  and  furnishings.  These  appropriations, 
however,  to  be  spread  over  a  three  year  period.  No  appropria- 
tion to  be  made  for  the  medical  extension  at  this  time. 

Whatever  statements  I  have  made  concerning  the  financial  con- 
dition of  the  university  apply  to  the  other  state  schools  as  well 
and  I  recommend  that  you  advance  the  mill  tax  for  the  benefit 
of  the  normal  schools  from  one-sixth  to  one-third  of  a  mill.  The 
present  rate  of  one-sixth  of  a  mill  yields  $678,044  on  present 
valuations.  One-third  of  one  mill  would  yield  $1,356,089. 

This  increase  will  care  for  the  requirements  of  the  nine  nor- 
mal schools.  At  present  it  is  necessary  to  make  an  appropriation 


408  MESSAGES  TO  THE  LEGISLATURE 

from  the  general  fund  each  year  for  the  support  of  the  normal 
schools,  and  if  the  mill  tax  is  raised  to  the  basis  that  I  have  sug- 
gested the  amount  raised  would  be  sufficient  and  will  relieve  the 
general  fund  of  this  burden. 

The  additional  requirement  of  the  normal  schools  is  $186,000. 
This  amount,  however,  will  be  derived  from  the  increased  mill 
tax  if  the  rate  that  I  have  suggested  is  adopted. 

The  additional  requirements  of  Stout  Institute,  the  library 
school  and  the  Wisconsin  mining  school  will  be  presented  to  you 
in  bills  that  have  been  prepared. 

The  salaries  of  school  teachers  are  fixed  by  the  respective  school 
boards,  except  insofar  as  a  minimum  salary  is  fixed  by  law.  If 
in  your  opinion  the  present  minimum  teachers'  salaries  are  in- 
adequate, I  would  ask  you  to  enact  legislation  increasing  such 
minimum,  and  at  the  same  time  empower  the  towns,  cities  and 
villages  to  raise  the  necessary  funds  therefor  by  increasing  the 
present  tax  rate. 

The  legislative  session  of  1917  passed  a  statute  which  created 
the  offiice  of  county  supervising  teachers.  The  wisdom  of  this 
law  has  been  sustained  by  the  results  that  have  been  obtained, 
and  I  daresay  that  it  has  met  with  general  public  approval. 

The  duties  require  good  talent  and  a  type  of  teachers  should 
be  employed  for  this  service  who  have  had  a  wide  experience  and 
are  able  to  direct  the  work  of  younger  or  less  efficient  teachers. 
The  maximum  salary  established  by  the  statute  is  found  to  be  in- 
sufficient, and  I  will  ask  you  to  make  such  advances  as  in  your 
judgment  will  make  the  service  a  success. 

The  question  of  advancing  the  salaries  of  county  superintend- 
ents has  been  before  several  sessions  of  the  legislature,  and  their 
demands  have  so  far  been  refused.  If  we  wish  that  the  office  of 
county  superintendent  be  efficient,  as  it  should  lie,  the  salaries 
paid  must  be  commensurate  with  the  duties.  The  schedule  now 
runs  from  $1,200  in  counties  having  100  or  less  teachers  to  $1,600 
in  counties  employing  175  or  more  teachers. 

A  county  superintendent  to  be  effective  must  be  a  competent 
educator,  and  the  people  can  hardly  expect  to  attract  good  talent 
to  this  service  unless  the  salaries  are  made  more  attractive,  and 
I  will  ask  you  to  again  consider  the  request  of  the  county  super- 
intendents and  give  the  matter  such  careful  consideration  as  the 
interests  of  the  schools  demand. 


SESSION  OF  1920  409 

The  system  of  vocational  education  that  has  been  established 
in  this  state  is  popular  and  in  fact  most  useful,  because  it  gives 
an  opportunity  to  those  who  become  bread-winners  early  in  their 
lives  to  piece  out  their  education  or  to  learn  a  trade  which  equips 
them  for  factories  and  other  occupations  that  are  remunerative. 
The  demand  for  this  type  of  schools  is  growing  constantly  and 
should  receive  our  careful  consideration. 

The  amount  of  money  available  now  is  not  sufficient  to  main- 
tain these  schools  at  the  proper  standard,  and  I  submit  to  you 
a  bill  which  authorizes  cities  to  increase  their  mill  tax  for  this 
particular  purpose. 

The  present  indications  are  that  there  will  be  a  surplus  of  ap- 
proximately $1,000,000  in  the  fund  raised  for  the  purpose  of  pay- 
ing a  cash  bonus  to  the  soldiers.  The  amount  cannot  be  definitely 
stated  until  all  the  settlements  have  been  made,  which  will  prob- 
ably be  about  September  1st. 

I  ask  you  to  pass  a  statute  that  will  permit  the  transfer  of  this 
surplus,  which  will  be  certified  by  the  Service  Eecognition  Board, 
to  the  general  fund  and  provide  further  that  this  sum  of  money 
shall  be  made  available  for  the  payment  of  the  Soldiers'  Educa- 
tional Bonus.  The  indications  are  that  there  will  be  a  surplus 
in  that  fund,  and  the  two  combined  should  enable  the  Legislature 
to  discontinue  the  collection  of  taxes  for  this  purpose  at  an  earlier 
date  than  is  now  provided  by  law. 

Bills  will  be  presented  to  you  to  cover  the  other  items  in  the 
call.  The  bills  speak  for  themselves  and  require  no  discussion 
in  this  message. 

In  conclusion  I  wish  to  state  for  the  benefit  of  the  members 
who  may  feel  that  the  demands  of  our  educational  institutions 
are  large,  that  we  are  confronted  by  a  situation  that  admits  no 
compromise.  We  must  either  produce  the  money  that  will  en- 
able our  educational  institutions  to  carry  on  their  work  on  a  high 
standard,  or  accept  the  other  alternative  of  reducing  their  effici- 
ency, which  is  a  responsibility  that  I  would  not  wish  to  accept, 
and  I  feel  certain  that  you  would  not  wish  to  do  so  yourself. 

So  far  as  state  government  is  concerned,  we  have  been  able  to 
live  within  our  income,  and  the  indications  are  that  we  can  con- 
tinue to  do  so — no  tax  levy  having  been  raised  for  general  pur- 
poses during  my  administration. 


410  MESSAGES  TO  THE  LEGISLATURE 

Bills  covering  the  subjects  that  are  within  my  call  are  printed 
and  will  be  placed  upon  your  desks.  I  hope  that  this  will  aid 
you  in  your  deliberations  and  shorten  the  session,  as  it  is  no 
doubt  your  desire  to  return  to  your  homes  as  soon  as  possible. 


EXECUTIVE  COMMUNICATIONS 

To  the  Honorable,  the  Senate: 

I  return  herewith  bill  No.  2,  S.,  without  my  approval. 

In  my  call  for  a  special  session  I  asked  for  amendments  to 
sections  -20.36  and  20.39  of  the  statutes,  increasing  the  mill  tax 
for  the  support  of  the  normal  schools  and  the  university. 

In  my  message  to  you  I  explained  at  length  the  requirements 
of  these  institutions  caused  by  the  large  increased  attendance, 
the  necessity  for  additional  instructional  force,  the  public  advan- 
tage in  establishing  a  four  year  medical  course  and  the  construc- 
tion of  a  hospital  in  connection  therewith,  and  the  advance  in 
salaries  that  are  demanded  by  the  teachers  in  these  institutions. 

This  bill  instead  of  following  the  recommendations  that  I  made 
to  you  for  an  increased  mill  tax,  proposes  to  raise  the  sum  re- 
quired, which  is  approximately  $1,600,000  for  the  year  1921,  by 
levying  a  surtax  upon  the  income  taxpayers  of  the  state. 

This  bill  proposes  to  establish  a  new  policy  in  taxation  in  the 
state  of  Wisconsin  by  placing  a  special  tax  upon  the  income  tax- 
payers for  a  specific  purpose.  Former  Legislatures  proceeded 
upon  the  theory  that  incomes  were  assessable  only  for  general 
purposes  and  that  the  money  raised  by  the  state  from  that  source 
must  go  into  the  general  fund  to  meet  the  general  expenditures. 
Seventy  per  cent  of  the  amount  so  collected  reverted  to  the  po- 
litical units  where  the  citizens  live  who  pay  it. 

The  soldier  bonus  bills  passed  by  your  Honorable  Body  at  the 
last  regular  session  was  the  first  attempt  to  tax  income  payers 
for  specific  purposes,  and  although  the  Supreme  Court  found 
language  in  the  constitutional  amendment  on  income  taxes  which 
sustained  the  acts,  it  should  not  follow  that  the  large  sum  of 
money  that  was  given  by  the  income  taxpayers  for  patriotic  rea- 
sons should  be  used  as  a  precedent  to  permanently  fasten  an  un- 
fair system  of  taxation  upon  any  class  of  people  in  the  state. 

If  the  principle  laid  down  in  this  bill  is  going  to  be  the  estab- 
lished policy  of  the  state,  then  it  will  be  entirely  competent  for 
the  Legislature  to  levy  a  special  assessment  upon  the  income  tax- 


SESSION  OF  1920  411 

payers  of  the  state  for  any  specific  purpose — in  fact,  there  will 
grow  up  a  tendency  to  place  the  entire  burden  of  taxation  upon 
a  comparatively  small  number  of  people,  which  will,  of  course, 
mean  the  owners  of  industries  and  the  business  people  in  general. 
Briefly  stated,  it  will  result  in  unrestrained  taxation  of  a  small 
minority  by  a  large  majority,  which  will  lead  to  extravagance 
and  general  wastefulness  in  the  government.  I  do  not  object  to 
an  income  tax  for  general  purposes  which  is  fairly  distributed. 

The  field  for  income  taxes  has  been  quite  thoroughly  exploited 
by  the  general  government — in  fact,  it  has  been  the  only  source 
from  which  it  has  been  able  to  gather  the  larger  portion  of  its 
necessary  funds.  The  limit  has  probably  not  been  reached.  It 
is  currently  reported  that  the  general  government  is  short  of 
many  millions  of  revenue  to  meet  its  current  expenditures.  Ac- 
cording to  the  statements  of  the  Secretary  of  the  Treasury  the 
avenues  for  taxation  have  about  been  exhausted  and  the  govern- 
ment will  probably  be  compelled  to  go  over  the  old  fields  where 
the  tax  burden  has  already  fallen  heavily  for  its  additional  rev- 
enues. Even  if  the  system  of  increased  state  income  taxes  were 
correct  in  principle,  it  would  seem  that  we  should  surrender  that 
field  to  the  general  government  because  when  it  is  exhausted 
the  government  will  find  it  is  compelled  to  assess  a  direct  or  per 
capita  tax  against  the  states. 

In  considering  the  subject  of  state  income  taxes  we  should 
bear  in  mind  that  but  few  states  in  the  Union  are  now  using 
that  system  for  the  purpose  of  raising  revenues.  We  are  bidding, 
as  we  should,  for  new  industries.  Every  new  factory  established 
in  the  states  gives  employment  to  people  who  become  the  con- 
sumers of  our  agricultural  products  and  the  factory  and  its  em- 
ployees become  taxpayers  and  relieve  us  of  part  of  the  burdens 
of  government.  I  am  sure  that  no  one  would  have  the  courage 
to  say  that  we  should  not  make  every  possible  effort  to  bring  new 
industries  to  the  state,  and  yet  if  we  are  going  to  load  them  down 
with  unreasonable  tax  burdens  can  we  expect  them  to  come,  or 
will  we  be  able  to  hold  those  which  are  here  and  able  to  get  away 
if  we  show  this  unfriendly  spirit  towards  them? 

In  order  that  the  income  taxpayer's  situation  be  understood, 
I  will  use  two  illustrations:  Under  existing  statutes,  both  fed- 
eral and  state,  and  with  the  additions  proposed  in  this  bill,  the 
taxpayer  who  has  a  taxable  income  of  $50,000  would  pay  a  total 


412  MESSAGES  TO  THE  LEGISLATURE 

tax  to  the  state  and  federal  government  of  $18,446.  A  person 
with  a  taxable  income  of  $10,000  would  pay  the  state  and  federal 
government  an  income  tax  of  $1,483.50. 

By  far  the  largest  per  cent  of  this  class  of  incomes  are  made 
from  property  that  has  already  paid  the  general  tax.  The  in- 
dividual begins  to  pay  a  surtax  on  an  income  of  $4,000. 

While  this  bill  is  limited  to  one  year,  it  establishes  a  principle 
which  I  believe  to  be  wrong,  and  the  vote  in  the  Senate  indi- 
cates that  many  senators  share  this  view  with  me.  The  follow- 
ing senators  voted  against  its  passage:  Senators  Benfey,  Bird, 
Buck,  Burke,  Cunningham,  Jennings,  Kuckuk,  Mulberger,  Nye, 
Peterson,  Stevens,  Wilkinson  and  Witter,  total  13.  The  senators 
voting  for  the  bill  were  Senators  Anderson,  Arnold,  Beyer,  Bil- 
grien,  Conant,  Fons,  Huber,  Kleist,  Olson,  Roethe,  Severson,  Skog- 
mo,  Staudenmayer  and  Wilcox. 

The  argument  has  been  made  that  the  income  tax  assessed 
against  manufacturers  and  business  people  in  general  is  added 
to  the  price  of  the  commodity  which  they  produce  or  sell  and 
that  after  all  the  general  public  pays  the  bill.  If  that  statement 
be  true,  then  indeed  Ave  are  making  a  poor  start  towards  reduc- 
ing the  cost  of  living — in  fact,  we  should  pursue  a  wiser  course 
to  meet  this  public  necessity. 

The  income  tax  is  an  unsatisfactory  source  of  revenue  for  edu- 
cational institutions  because  of  the  uncertainty  of  the  amount 
that  can  be  collected  from  year  to  year  under  such  a  statute. 
Our  schools  must  know  definitely  how  much  money  they  will 
receive  from  the  public  treasury  each  year  with  which  to  main- 
tain themselves.  It  is  necessary  that  they  know  this  in  advance 
because  they  cannot  establish  a  definite  program  unless  they  know 
how  much  money  they  are  going  to  have  with  which  to  carry 
it  out. 

The  indications  are  that  the  incomes  for  1919  have  been  sub- 
stantially reduced  as  against  1918,  and  the  incomes  of  1920  may 
present  a  still  greater  shrinkage.  The  demands  by  the  United 
States  government  must  be  met  first  and  the  amount  paid  to 
the  government  can  be  deducted  from  the  amount  upon  which 
the  state  can  collect  its  incomes.  It  will  readily  be  seen  then 
that  under  declining  business  and  a  growing  demand  by  the  gov- 
ernment for  increased  revenues,  the  amount  of  money  that  can 
possibly  be  collected  by  the  state  from  incomes  is  very  uncertain 


SESSION  OF  1920  i!3 

and  if  the  system  of  taxation  provided  for  in  this  bill  is  adopted 
the  revenues  that  can  be  raised  under  it  had  better  go  into  the 
general  fund  for  general  purposes  rather  than  to  attempt  to  main- 
tain our  educational  institutions. 

There  is  still  another  and  vital  objection.  Our  educational  in- 
stitutions have  been  created  and  are  maintained  for  the  benefit 
of  all  the  people.  We  believe  them  to  be  democratic,  and  we 
wish  them  to  remain  so.  If  the  university  and  the  normal  schools 
must  look  to  a  small  number  of  business  men  and  manufacturers 
for  their  revenues,  they  will  ultimately  be  dominated  by  that  class 
of  people,  a  situation  that  none  of  us  should  desire. 
Eespectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 

Dated  June  3,  1920. 


To  the  Honorable,  the  Senate: 

I  return  herewith  Bill  No.  20,  S.,  without  my  approval. 

This  bill  provides  that  the  state  shall  contribute  six  thousand 
dollars  to  any  county  as  its  proportion  for  the  erection  of  a  county 
training  school  building.  The  statute  now  provides  that  the  sum 
to  be  contributed  by  the  state  shall  be  three  thousand  dollars. 

If  enacted  into  law  this  bill  would  change  the  policy  hereto- 
fore followed.  No  demand  has  been  made  by  any  county  in  the 
state  for  this  increase. 

The  amendment  to  the  bill  was  hastily  prepared  and  I  under- 
stand was  not  properly  presented  to  the  finance  committee — in 
fact,  I  am  now  requested  by  members  of  that  committee  to  veto 
it  on  that  account. 

There  seems  to  be  no  pressing  need  for  this  legislation  and  I 
feel  that  action  should  be  postponed  until  the  next  regular  ses- 
sion in  order  to  give  the  members  an  opportunity  to  study  the 
bill  and  ascertain  the  wishes  of  the  people. 

I  feel  that  I  should  not  approve  hasty  or  ill  considered  legis- 
lation and,  therefore,  deem  it  my  duty  to  return  this  bill  to  you 
without  my  approval. 

Respectfully  submitted, 

EMANUEL  L.  PHILIPP, 

Governor. 

Dated.  June  4,  1920. 


II 

PROCLAMATIONS 

1915-1921 


FOR  THE  YEAR  1915  417 

PROCLAMATIONS  1915  TO  1921 
Hoof  and  Mouth  Disease 

WHEREAS,  I  have  been  informed  by  the  State  Veterin- 
arian that  the  dangerous,  infectious  disease,  known  as  foot-and- 
mouth  disease,  exists  in  several  districts  in  the  United  States, 
and  that  great  danger  still  exists  as  to  the  further  introduction 
of  such  disease  into  the  State  of  Wisconsin. 

THEREFORE,  I,  Emanuel  L.  Philipp,  Governor  of  Wis- 
consin, declare  the  following  quarantine  regulations  to  be  in 
force  after  the  publication  of  this  quarantine  proclamation  and 
it  shall  be  in  force  until  modified  by  order  of  the  State  Veterin- 
arian. 

RUMINANTS  AND  SWINE. 

No  cattle,  sheep,  goats,  other  ruminants  or  swine  shall  be 
shipped,  trailed,  driven  or  transported  into  the  State  of  Wis- 
consin, from  any  state  or  territory  where  such  shipments  origi- 
nate from  or  pass  through  an  infected  state  or  area  except  such 
animals  are  consigned  to  Milwaukee  or  Cudahy  yards  for  imme- 
diate slaughter. 

HORSES. 

Horses  which  shall  have  been,  in  or  are  in  the  Union  Stock 
Yards,  Chicago,  shall  not  be  transported  or  driven  into  the  state 
of  Wisconsin. 

IMMIGRANT  MOVABLES. 

Immigrant  movables  containing  wagons  and  farm  imple- 
ments, bags,  blankets,  hay,  straw,  litter,  horses  or  dogs,  origi- 
nating in  a  quarantined  area  shall  be  disinfected  and  so  certi- 
fied to  by  a  state  or  federal  inspector.  Immigrant  cars  con- 
taining ruminants  or  swine  from  Iowa  or  Kansas,  accepted 
only  from  free  counties  and  owner  shall  certify  that  such  stock 
has  been  in  his  possession  since  January  1st,  1915. 

CARS  USED  FOR  THE  TRANSPORTATION  OF  LIVE  STOCK. 

All  cars  used  for  the  transportation  into  the  state  of  Wis- 
consin, or  from  one  point  within  the  state  to  another  of  stock 
other  than  for  immediate  slaughter  shall  have  been  cleaned  and 
disinfected  since  last  used  for  the  transportation  of  stock. 


418  PROCLAMATIONS 

CONTAINERS  FOR  FEED  OR  GRAIN. 

Feed  or  grain  shipped  into  the  State  of  Wisconsin  which  is 
contained  in  sacks  shall  have  certification  that  such  sacks  are 
either  new  or  disinfected.  Corn  shelled  or  on  cob,  grain  and 
feed  shipped  in  bulk  shall  be  loaded  only  in  cars  which  have 
been  cleaned  and  disinfected  since  being  used  for  the  transpor- 
tation of  stock. 

COUNTIES  AND  TOWNS  IN  QUARANTINE 

The  counties  of  Dodge,  LaFayette,  Green,  and  the  townships 
of  Erin,  Hartford,  and  Addison  in  Washington  County  and 
Hazel  Green  and  Jameson  in  Grant  County,  the  counties  of 
Dane,  Bock,  Walworth,  Racine,  Jefferson,  Waukesha,  Brown, 
Lincoln  and  Langlade,  are  and  shall  be  in  such  quarantine  as 
may  be  advised  by  the  United  States  Bureau  of  Animal  In- 
dustry and  shall  conform  to  such  regulations  as  may  be  placed 
by  the  State  Veterinarian  with  regard  to  the  movement  or  re- 
striction of  movement  of  ruminants  and  swine  or  other  animals, 
hay,  straw  or  litter,  or  any  other  products,  which  may  be  the 
means  of  carrying  the  disease. 

IN  WITNESS  WHEREOF,  I  hereunto  set  my  hand  and 
cause  the  great  seal  of  this  state  to  be  hereunto 
affixed  this  26th  day  of  March,  1915. 

SEAL. 

(Signed) 

EMANUEL  L.  PHILIPP, 

J.  S.  DONALD,  Governor. 

Secretary  of  State. 


Arbor  and  Bird  Day 

The  people  of  Wisconsin  have  ordained  and  set  aside  each 
year  a  day  to  be  observed  in  teaching  children  the  use  and  beauty 
of  birds,  and  trees,  and  of1  cultivating  in  them,  at  the  time  of 
the  return  of  the  birds  and  the  general  revival  of  nature,  an 
appreciation  of  the  benefits  to  be  derived  by  protecting  and  con- 
serving these  forms  of  life. 

Therefore,  I,  Emanuel  L.  Philipp,  Governor  of  the  State 
of  Wisconsin,  do  hereby  designate  Friday  the  Seventh  day  of 
May,  1915,  as 


FOE  THE  YEAR  1915  419 


and  1  earnestly  recommend  that  it  be  appropriately  observed 
in  all  schools,  public  and  private.  It  is  the  object  of  this  holi- 
day to  turni  the  attention  of  the  growing  generation  to  those 
useful  formsl  of  life  that  are  too  easily  destroyed,  and  by  im- 
parting an  insight  of  their  beauties  and  a  deeper  knowledge 
of  their  useful  purposes,  to  create  a  spirit  of  protection  and 
conservation  in  place  of  a  spirit  of  destruction. 

Teachers  in  all  grades  of  schools  are  urged  to  prepare  les- 
sons and  plan  exercises  such  as  will  impress  upon  the  minds  of 
children  the  functions  performed  by  birds  and  trees  and  teach 
them  to  take  pleasure  in  cooperating  with  the  benign  purposes 
of  nature. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol  in 
the  City  of  Madison,  this  eighth  day  of  March, 
in  the  year  of  our  Lord,  one  thousand  nine  hun- 
dred and  fifteen. 
SEAL. 

(Signed) 

EMANUEL  L.  PHILIPP, 
By  the  Governor:  Governor. 

J.  S.  DONALD, 
Secretary  of  State. 


Memorial  Day 

Four  anniversary  years,  rich  in  reminiscence  of  a  great  war 
and  crowded  with  the  dates  of  memorable  battles  are  drawing 
to  a  close.  During  the  semi-centennial  of  the  years  1861  to 
1865,  momentous  events  have  been  following  each  other  in  pro- 
cession through  the  memory  and  there  has  scarcely  been  a  day 
that  has  not  reminded  us  that  it  was  the  anniversary  of  a  bat- 
tle. Vividly  it  has  brought  back  to  usi  the  magnitude  of  that 
struggle1  and  the  heroic  patience  and  sacrifice  through  which 
our  national  destiny  was  at  last  wrought  out.  And  it  has  given 
us  a  renewed  conception  of  the  deep  and  enduring  foundations 
upon  which  the  Union  has  been  built. 

The  present  year  commemorates  the  scene  at  Appomattox 
and  the  beginning  of  a  stronger  union  among  our  people.  We 


420  PKOCLAMATIONS 

who  now  enjoy  this  heritage  of  peace  and  the  blessings  of  a  free 
and  united  country  will  therefore  wish  to  give  full  observance 
to  Memorial  Day  and  by  fitting  ceremonials  and  tokens  of  flow- 
ers express  our  gratitude  to  the  soldiers  and  sailors  of  the  Re- 
public. 

The  State  of  Wisconsin,  whose  soldiers  have  done  their  part 
on  many  battle  fields,  has  instituted  Memorial  Day  a  legal  holi- 
day, and  has  made  it  one  of  those  few  holidays  whose  date  is 
set  by  statute  and  which  is  therefore  independent  of  executive 
proclamation.  But  though  it  is  thus  independent  of  proclama- 
tion, I  have  thought  fit  in  order  to  give  the  day  as  full  observ- 
ance as  possible,  to  proclaim  it  to  the  people.  Therefore,  I, 
Emanuel  L.  Philipp,  Governor  of  the  State  of  Wisconsin,  do 
hereby  designate  and  proclaim,  the  thirty-first  of  May,  as 

MEMORIAL  DAY 

and  recommend  its  observance  by  the  citizens  of  Wisconsin.  Let 
it  be  a  day  of  historic  retrospect,  of  grateful  remembrance  of 
the  nation's  dead,  and  of  profound  reflection,  upon  the  bless- 
ings of  the  government  whose  principles  they  cherished  and 
maintained.  The  people  will  join  with  patriotic  societies  in 
public  exercises  and  the  placing  of  flowers  upon,  the  graves  of 
our  soldiers.  Of  the  Grand*  Army  of  the1  Republic  but  a  scat- 
tering remnant  remains.  Let  the  aged  veteran  feel,  as  he  leads 
the  way  to  the  last  camping  place  of  so  many  comrades,  that 
he  is  the  honored  survivor  of  a  war  that  is  hallowed  in  history. 
The  people,  following  their  usual  custom,  will  also  decorate 
on  this  day  the  graves  of  their  departed  relatives  and  friends. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol  in  the 
City  of  Madison,  this  tenth  day  of  Septem- 
ber, in  the  year  of  our  Lord,  one  thousand  nine 
hundred  and  fifteen. 
SEAL. 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor : 

J.  S.  DONALD, 
Secretary  of  State. 


FOE  THE  YEAR  1915  421 

Labor  Day 

For  the  purpose  of  expressing  a  fitting  appreciation  of  labor 
and  the  service  it  has  rendered  in  the  development  of  our  coun- 
try, the  American  people  generally  have  set  aside  a  day  on 
which  the  wheels  of  industry  are  stopped  in  order  that  all  may 
have  an  opportunity  to  pay  their  respects  to  that  large  element 
of  our  population  which  contributes  so  much  to  our  well-being. 

While  the  plans  for  the  development  of  great  public  and 
private  enterprises,  for  the  construction  of  buildings  and  the 
work  of  the  factory  and  shop  are  produced  by  an  element  of 
men  why  do  not,  strictly  speaking,  belong  to  the  laboring  classes, 
it  yet  remains  for  the  laborer  to  carry  out  the  plans  designed 
by  the  men  of  technical  training;  and  it  matters  not  what  we 
construct,  the  laborer  is  in  the  end  the  real  builder.  To  them, 
then,  more  than  to  any  other  element  of  society,  are  we  indebted 
for  what  we  have  accomplished,  and,  in  order  that  we  may  ex- 
press our  gratitude  for  labor's  achievements,  the  law  of  the 
state  sets  aside  a  day  to  be  observed  as  a  general  holiday. 

THEREFORE,  I,  Emanuel  L.  Philipp,  Governor  of  Wiscon- 
sin, do  designate  Monday,  September  6,  1915, 

LABOR  DAY 

and  request  that  citizens  of  the  state  observe  the  day  in  a  man- 
ner that  will  give  expression  to  the  respect  in  which  labor  is 
held  and  show  due  regard  for  those  who  toil.  Let  us  make  man- 
ifest our  appreciation  of  those  whose  industry  has  helped  build 
up  our  state. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol  in 
the  City  of  Madison,  this  second  day  of  Sep- 
tember, A.  D.  1915. 
SEAL. 

(Signed) 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor: 

L.  B.  NAGLER, 
Assistant  Secretary  of  State. 


422  PROCLAMATIONS 

A  Warning 

WHEREAS,  it  has  been  ascertained  that  foot  and  mouth  dis- 
ease again  exists,  particularly  in  the  state  of  Illinois  and  that 
there  is  danger  of  further  infection  and  spread  of  the  disease 
from  the  transportation  of  live  stock  and  from  the  use  of  ser- 
ums which  are  manufactured  in  that  state  for  the  prevention 
of  hog  cholera, 

THEREFORE,  I,  Emanuel  L.  Philipp,  do  hereby  order  the 
following  regulations  and  declare  same  to  be  in  full  force  until 
their  repeal  is  recommended  by  the  Department  of  Agriculture 
of  the  State  of  Wisconsin. 

(1)  It  is  hereby  ordered  that  all  cattle,  sheep  or  swine  shipped 
into  the  State  of  Wisconsin  for  any  other  purpose  than  imme- 
diate slaughter  from  any  state  or  territory  shall  be  consigned 
only  in  cars  which  have  been  disinfected  since  previously  used 
for  the  transportation  of  stock. 

(2)  All  horses  shipped  into  the  state  of  Wisconsin  shall  be 
loaded  only  in  cars  which  have  been  disinfected  since  being 
last  used  for  the  shipment  of  live  stock. 

(3)  Any   cattle,   sheep,  or  swine  to  be  transported   wholly 
within  the  state  of  Wisconsin  for  any  other  purpose  than  imme- 
diate slaughter  shall  be  transported  only  in  cars  which  have 
been  cleaned  and  disinfected^  since  previously  used  for  the  trans- 
portation of  stock. 

(4)  Horses  from  any  closed  area  intended  for  shipment  into 
the  state  of  Wisconsin  must  have  their  feet,  tails,  mains,  and 
their  halters,  blankets  and  other  paraphernalia  accompanying 
same  thoroughly  disinfected  and  this  must  be  certified  to  by 
state  or  federal  authorities. 

(5)  No  cattle,  sheep,  other  ruminants  or  swine  shall  be  ship- 
ped into  the  state  of  Wisconsin  except  from  federal   "Free 
Area"  unless  stock  is  consigned  to  slaughtering  plants  under 
federal  supervision  and  inspection. 

(6)  No  hog  cholera  serum  or  virus  manufactured  in  the  state 
of  Illinois  shall  be  used  on  any  hogs  in  this  state  until  further 
order. 

IN  WITNESS  WHEREOF,   I  hereunto  set  my  hand  and 
cause  the  GREAT  SEAL  of  this  State  to  be 
SEAL,.  affixed  this  27th  day  of  September,  1915. 

(Signed) 

J.  S.  DONALD,  EMANUEL  L.  PHILIPP, 

Secretary  of  State.  Governor. 


FOR  THE  YEAR  1915  423 

The  Mueller  Murder 

WHEREAS,  it  has  been  represented  to  me  that  on  the  eve- 
ning of  September  24,  1915,  or  the  morning  of  September  25, 
1915,  near  the  Village  of  Marquette,  "Wisconsin,  between  the 
hours  of  eight  o'clock,  P.  M.  and  eleven  o'clock,  A.  M.,  some 
person  or  persons,  unknown,  did  feloniously,  wilfully  and  with 
malice  aforethought,  kill  one  Robert  W.  Mueller  and  one  Mrs. 
Robert  W.  Mueller ;  that  after  their  death  the  said  person  or  per- 
sons, unknown,  did  place  their  bodies  in  the  Mueller  cottage  on 
the  banks  of  Puckaway  Lake;  that  the  person  or  persons,  un- 
known, did  wilfully  fire  the  cottage  to  burn  the  bodies'  and  all 
evidences  of  the  crime ;  and  that  the  said  person  or  persons,  un- 
known, are  still  at  large  and,  that  the  ends  of  justice  require 
that  a  reward  be  offered  for  the  apprehension  and  conviction 
of  the  guilty  parties; 

NOW  THEREFORE,  KNOW  YE,  that  I,  Emanuel  L.  Phil- 
ipp,  Governor  of  the  State  of  Wisconsin,  by  virtue  of  the  au- 
thority vested  in  me  by  law,  do  hereby  offer  a  reward  of  Five 
Hundred  Dollars  ($500.00)  to  be  paid  upon  the  apprehension 
and  conviction,,  due  form  of  law,  of  the  said  person  or  persons, 
unknown,  who  committed  the  crime  aforesaid,  the  said  reward 
to  be  paid  to  the  person  or  persons  who  shall  apprehend  and  de- 
liver the  said  person  or  persons,  unknown,  to  the  proper  officer 
of  the  County  of  Green  Lake  at  the  county  seat  thereof. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol  in  the 
City  of  Madison,  this  thirtieth  day  of  Septem- 
ber, in  the  year  of  our  Lord,  one  thousand  nine 
hundred  and  fifteen. 
SEAL. 

(Signed) 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor: 

L.  B.  NAGLER, 
Assistant  Secretary  of  State. 


424  PKOCLAMATIONS 

Thanksgiving  Day 

As  another  year  draws  toward  its  close,  the  people  of  our 
state  and  nation  have  extraordinary  reasons  to  be  thankful.  While 
other  countries  have  been  engaged  in  war,  we  have  enjoyed  the 
blessings  of  peace.  In  an  era  of  carnage  and  destruction  we  have 
been  allowed  to  keep  on  in  our  accustomed  ways  of  industry  and 
national  growth.  Want,  pestilence  and  all  the  evils  that  fol- 
low in  the  wake  of  war  have  left  our  homes  unmolested ;  and 
now  that  harvest-time  is  past  nature  has  rewarded  our  labors 
with  an  abundance  that  has  seldom  been  equalled. 

It  is  fitting  that  we  receive  these  favorsi  of  Providence  in  a 
spirit  of  gratitude,  and  that,  in  accordance  with  our  American 
custom,  we  set  aside  a  day  to  render  thanks  for  benefits  received 
and  take  deeper  thought  upon  the  duties  which  such  benefits 
impose  upon  us. 

Thanksgiving  is  the  oldest  of  our  American  holidays.  Its 
spirit  preceded  and  gave  rise  to  our  more  patriotic  celebrations. 
It  is  the  natural  expression  of  a  people  whose  ideals  are  those 
of  peace  and  industry.  It  is  the  holiday  of  the  pioneer  who,  with 
all  his  hardihood  and  self  reliance,  realizes  that  his  good  fortune 
is  not  all  of  his  own  making  nor  wholly  due  to  any  virtue  of  his 
own. 

As  we  have  grown  from  a  small  country  mainly  concerned 
with  agriculture  and  have  taken  our  place  among  the  mighty  na- 
tions! of  thei  world,  the  spirit  of  thanksgiving  has  remained  with 
us  and  the  holiday  has  been  preserved  to  express  our  attitude 
as  a  people. 

The  present  year,  with  its  compelling  wider  outlook  upon 
world  affairs,  is  well  calculated  to  give  it  a  still  deeper  and 
more  thoughtful  observance.  Because*  of  our  fortunate  situa- 
tion we;  have  been  allowed  to  sit  as  a  spectator  nation  watching 
nearly  the  whole  world  at  war.  While  other  homes  are  bereaved, 
fertile  fields  bereft  of  their  laborers  and  the  works  of  peace 
ruthlessly  destroyed,  we  live  at  peace  with  the  world  and  enjoy 
the  fruits  of  our  labor. 

Confronted  with  war  such  as  has  never  been  known,  with 
whole  populations  involved  in  racial  strife  that  gives  an  en- 
tirely mew  aspect  to  war,  we  cannot  but  turn  our  eye  inward 
and  see  new  causes  for  hope  and  gratitude.  A  composite  peo- 
ple, made  up  of  the  virtues  of  many  races,  and  pledged  to  a 


FOE  THE  YEAR  1915  425 

new  ideal  in  government,  our?  hearts  have  been  torn  in  many 
directions  by  a  natural  sympathy  with  our  kinsmen  across  the 
sea;  and  yet  this  trying  experience  has  only  served  to  draw  us 
closer  to  our  own  country  and  knit  us  together  in  stronger  bonds 
of  patriotism. 

For  this,  even  more  than  for  bounteous  crops  and  such  mate- 
rial benefits,  we  should  be  especially  thankful. 

THEREFORE,  I,  Emanuel  L.  Philipp,  as  Governor  of  the 
State  of  Wisconsin,  and  in  conformity  with  a  proclamation  of 
the  President  of  the  United  States  of  America,  do  hereby  des- 
ignate and  proclaim  Thursday,  the  twenty-fifth  day  of  Novem- 
ber 

THANKSGIVING  DAY 

and  recommend  that  it  be  generally  observed.  Let  us  unite  with 
one  another  in  remembrance  of  our  blessings  and  thereby  foster 
in  our  hearts  the  spirit  of  our  nation,  thankful,  thoughtful  and 
well  disposed.  And  out  of  our  own  abundance  let  there  flow 
a  feeling  of  mercy  to  all  men  and  a  spirit  of  benevolence  toward 
those  who  are  not  so  fortunately  situated. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol  in  the 
City  of  Madison,  this  eleventh  day  of  Novem- 
ber, in  the  year  of  our  Lord,  one  thousand  nine 
hundred  and  fifteen. 
SEAL. 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor: 

JOHN  S.  DONALD, 
Secretary  of  State. 


Suffering  Poland 

WHEREAS,  The  President  of  the  United  States,  in  response 
to  urgent  appeals!  for  aid,  has  set  aside  January  1st,  1916,  as 
the  day  appropriate  for  contributions  for  the  relief  of  the  suf- 
fering people  of  Poland ;  and 

WHEREAS,  From  official  and  other  reliable  sources  comes 
the  information  that  hundreds  of  thousands  of  people  in  war 
stricken  Poland  are  suffering  because  of  lack  of  food  and  cloth- 
ing, and  that  sickness  prevails  among  them ;  and 


426  PROCLAMATIONS 

WHEREAS,  No  relief  is  now  available  for  them,  except  such 
as  may  be  brought  across  the  sea,  because  of  the  fact  that  prac- 
tically all  of  Europe  isi  engaged  in  war,  I  do,  therefore,  make 
this  appeal  to  the  people  of  the  State  of  Wisconsin. 

We  are  now  enjoying  the  blessings  of  peace  and  the  fruits  of 
a  bountiful  harvest.  We  can  well  afford  to  give  of  our  surplus  to 
the  stricken  people  of  Poland.  Let  us  do  this  in  the  name  of 
humanity,  also  as  an  appreciation  of  our  own  fortunate  situa- 
tion, also  as  an  evidence  of  sympathy  for  the  thousands  of  sturdy 
American  citizens  who  havel  come  to  us  from  Poland  and  who 
have  at  all  times  shown  their  willingness  to  defend  our  country 
a.nd  its  institutions. 

NOW,  THEREFORE,  I,  Emanuel  L.  Philipp,  Governor  of 
the  State  of  Wisconsin,  in  compliance  with  the  Proclamation 
issued  by  the  President  of  the  United  States  do  hereby  proclaim 
Saturday,  January  1st,  1916,  the  day  for  the  collection  of  con- 
tributions for  the  Polish  Relief  Fund.  Contributions  for  this 
purpose  may  be  forwarded  to  the  Red  Cross  Society  at  Wash- 
ington, or  to  the  office  of  the  Governor,  to  be  forwarded  by 
him  to  the  proper  authorities. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol,  in 
the  City  of  Madison,  this  thirtieth  day  of  De- 
cember, in  the  year  of  our  Lord,  one  thousand 
SEAL.  nine  hundred  and  fifteen. 

(Signed) 

EMANUEL  L.  PHILIPP, 
By  the  Governor:  Governor, 

L.  B.  NAGLER, 
Assistant  Secretary  of  State. 


Jewish  Relief  Day 

WHEREAS,  the  President,  in  accordance  with  the  unanimous 
action  of  Congress,  has  issued  a  proclamation  calling  the  atten- 
tion of  all  citizens  to  the  great  needs  and  sufferings  of  seven 
million  Jews  in  the  war-stricken  districts  of  eastern  Europe  and 
of  Palestine,  and  has  set  aside  a  day  for  contributing  to  their 
relief, 

NOW,  THEREFORE,  I,  Emanuel  L.  Philipp,  Governor  of 


FOR  THE  YEAE  1916  427 

Wisconsin,  pursuant  to  the  above  proclamation,  do  hereby  des- 
ignate, Thursday,  January  27,  1916, 

JEWISH  BELIEF  DAY 

and  earnestly  appeal  to  the  citizens  of  our  state  to  give  liber- 
ally toward  the  relief  of  this  suffering  people. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol  in  the 
City  of  Madison,  this  twenty-fifth  day  of  Janu- 
ary, in  the  year  of  our  Lord,  one  thousand  nine 
hundred  and  sixteen. 
SEAL. 

(Signed) 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor: 
J.  S.  DONALD, 
Secretary  of  State. 


Arbor  and  Bird  Day 

The  people  of  Wisconsin,  with  a  view  to  conserving  the  nat- 
ural wealth  and  beauty  of  the  state,  have  provided  by  law 
for  a  holiday  upon  which  children  shall  be  taught  the  usefulness 
and  beauty  of  birds  and  trees.  With  the  coming  of  spring  it 
is  customary  to  arrange  exercises  for  school  children  which 
will  beautifully  celebrate  the  reawakening  of  nature  with  the 
return  of  bird  and  blossom,  and  at  the  same  time  convey  lessons 
upon  the  useful  functions  performed  by  birds  and  trees  and 
their  necessity  to  man. 

THEREFORE,  I,  Emanuel  L.  Philipp,  Governor  of  the  State 
of  Wisconsin,  in  conformity  with  law  and  custom,  do  hereby 
proclaim  Friday,  the  Fifth  Day  of  May,  1916, 


and  I  recommend  that  teachers  in  all' schools,  public  and  private, 
prepare  programs  and  exercises  which  will  impress  upon  the 
minds  of  children  the  importance  of  birds  and  trees  in.  the 
economy  of  nature,  and  teach  them  to  take  an  active  part  in 
conserving  these  useful  forms  of  life. 


428  PROCLAMATIONS 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol  in  the 
City  of  Madison,  this  eighth  day  of  March,  in 
the  year  of  our  Lord,  one  thousand  nine  hun- 
dred and  sixteen. 
SEAL. 

(Signed) 

EMANUEL  L.  PHILIPP, 

Governor. 
J.  S.  DONALD, 
Secretary  of  State. 


Setting  Seed  Corn  Week  From  March  27,  to  April  1,  1916 

WHEREAS,  the  attention  of  the  Department  of  Agriculture 
has  been  called  to  the  serious  shortage  of  seed  corn  in  Wisconsin 
arising  from  the  unfavorable  ripening  season  last  fall,  I  deem  it 
necessary  to  acquaint  the  public  with  the  following  facts: 

Many  germinating  tests  have  shown  that  little  of  the  seed 
corn  has  sufficient  vitality  to  make  it  safe  for  planting  without 
securing  a  germinating  test  of  each  ear.  However,  much  of 
the  seed  saved,  though  low  in  germination,  has  within  it  many 
ears  of  high  vitality.  These  can  be  discovered  and  saved  by  a 
simple  test  of  each  ear. 

Many  of  Wisconsin's  improved,  home-grown  and  acclimated 
strains  of  corn  that  otherwise  might  be  destroyed  and  lost  to 
the  state,  in  this  way  can  be  saved  and  profitably  used.  Greatly 
decreased  stand  and  yield,  and  waste  of  time,  money  and  effort 
surely  will  follow  if  the  seed  on  hand  is  planted  without  proper 
testing. 

The  situations  is  so  serious  and  the  need  for  immediate  action 
so  imperative  that  I  deem  it  advisable  to  publicly  call  attention 
to  it.  To  this  end,  I  hereby  proclaim  the  week  from  March  27 
to  April  1  as  Seed  Corn  Week.  I  urge  that  during  this  period 
every  farmer  thoroughly  test  each  ear  of  his  seed  corn  and  el- 
iminate all  ears  not  showing  high  germination.  I  also  suggest 
that  business  men  of  all  classes  encourage  farmers  in  this  work 
and  that  they  render  assistance  in  obtaining  acclimated  seed  of 
high  vitality. 


FOE  THE  YEAR  1916  429 

IN  WITNESS  WHEREOF,   I  hereunto  set  my  hand  and 
cause  the  GREAT  SEAL  of  this  State  to  be  af- 
fixed this  10th  day  of  March,  1916. 
SEAL. 

(Signed) 

B.  L.  PHILIPP, 
By  the  Governor:  Governor. 

J.  S.  DONALD, 
Secretary  of  State. 


Memorial  Day,  1916 

The  soldiers  of  the  War  for  the  Union  have  a  permanent  place 
in  the  hearts  of  the  American  people.  The  cause  for  which  they 
fought  and  the  spirit  in  which  they  left  their  peaceful  callings' 
to  take  up  the  work  of  war  has  made  them  a  living  force  in  the 
conscience  of  the  Republic.  As  citizen  soldiers  who  fought  for 
peace  and  were  averse  to  war,  they  set  an  example  for  all  time ; 
and  as  such  their  spirits  must  ever  march  in  the  van  of  our  na- 
tion's destiny. 

For  these  reasons  the  Grand  Army  is  never  dead.  With  each 
recurring  year  they  stand  before  us  as  vividly  as  ever.  The 
march  of  time  has  been  unable  to  leave  them  behind. 

The  day  which  is  dedicated  to  their  memory  is  not  the  anni- 
versary of  a  great  battle.  We  do  not  celebrate  Antietam,  or 
Gettysburg  or  Appomattox.  Their  day  is  not  one  of  noisy  dem- 
onstration as  when  we  triumph  over  an  alien  foe.  It  is  simply 
a  day  in  spring  when  nature  brings  forth  flowers  to  lay  upon 
their  graves.  It  is  a  fit  spirit  in  which  to  remember  those  val- 
ient hosts  that  felt  no  pride  of  conquest  and  left  behind  them 
no  heritage  of  hate. 

The  people  of  Wisconsin,  in  conformity  with  federal  law,  have 
provided  for  a  day  to  be  observed  in  their  honor.  Therefore,  I, 
Emanuel  L.  Philipp,  Governor  of  the  State  of  Wisconsin,  hereby 
designate  Tuesday,  May  thirtieth,  A.  D.  1916, 

MEMORIAL  DAY 

and  I  earnestly  remind  the  people  of  their  duty  to  keep  it  mem- 
orable. In  schools  and  churches  and  in  public  meeting  places 
where  all  may  join,  let  us  honor  their  memory  and  again  con- 
secrate our  lives  and  thoughts  to  those  national  ideals  which 
they  cherished  more  dearly  than  their  lives. 


430  PROCLAMATIONS 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol  in  the 
City  of  Madison,  this  twelfth  day  of  May,  A. 
D.,  1916. 
SEAL. 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor: 

JOHN  S.  DONALD, 
Secretary  of  State. 


Flag  Day 

On  the  fourteenth  day  of  June,  1777,  Congress  enacted  the 
law  adopting  the  stars  and  stripes  as  the  banner  of  a  new  nation. 
In  recent  years  there  has  been  a  growing  sentiment  among  the 
people  toward  giving  this  day  patriotic  observance.  It  has  be- 
come a  time  for  the  general  display  of  the  flag  and  for  the  hold- 
ing of  exercises  which  will  instruct  the  growing  generation  in 
its  history  and  meaning. 

The  flag  of  our  country  is  the  simplest  and  most  beautiful 
expression  of  a  national  ideal.  Its  red  and;  white  bars,  repre- 
senting the  beginnings  of  our  history,  are  fixed  in  number ;  but 
that  part  which  is  called  the  Union,  with  its  shining  constella- 
tion on  a  fieldi  of  blue,  has  always  had  room  for  another  star. 
The  flag,  like  the  nation,  stands  for  the  idea  of  growth  and  sol- 
idarity. It  is  the  flag  of  a  country  destined  to  grow,  to  take 
unto  itself  new!  seekers  of  liberty  from  all  parts  of  the  world, 
and  not  to  become  weak  and  disunited  as  it  grows.  As  our  na- 
tional motto  is  ''One  out  of  many,"  so  our  national  banner,  by 
a  beautiful  symbol,  expresses  the  same  idea. 

At  the  time  it  was  adopted,  the  nation  for  which  it  stood  did 
not  exist  except  in  the  hopes  and  determinations  of  a  people.  It 
stood  for  an  idea.  Out  of  that  idea,  which  found  expression  in 
this  inspiring  form,  a  nation  was  yet  to  be  born. 

To  keep  this  idea  before  us  today,  to  understand  it  and  feel 
its  inspiration,  is  as  important,  as  evert  it  was.  We  cannot  go 
forward  as  a  nation  and  work  out  our  destiny  as  a  free  peo- 
ple except  by)  the  power  of  that  ideal  which  has  guided  us  in 
the  past.  Being  such  an  emblem  as  it  is,  and  of  all  flags  the  most 


FOR  THE  YEAR  1916  431 

Significant  and  the  most  beautiful,  iti  is  well  for  us  to  fling  it  to 
the  breeze  upon  its  birthday  and  pause  to  give  consideration  to 
its  meaning. 

THEREFORE,  I,  Emanuel  L.  Philipp,  Governor  of  the 
State  of  Wisconsin,  in  conformity  with  custom  and  a  proclama- 
tion issued  by  the  President  of  the  United  States  of  America, 
hereby  designate  and  proclaim  Wednesday,  June  fourteenth,  A. 
D.,  1916, 

FLAG  DAY 

and  recommend  that  on  that  day  there  be  a  general  display  of 
the  flag,  special  exercises  and  ceremonies  in  schools,  public  and 
private,  and  such  honors  to  the  flag  as  the  patriotic  spirit  of 
our  people  may  prompt. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol,  in 
the  City  of  Madison,  this  first  day  of  June,  in 
the  year  of  our  Lord,  one  thousand  nine  hun- 
dred and  sixteen. 
SEAL. 

(Signed) 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor: 

JOHN  S.  DONALD, 
Secretary  of  State. 

June  19,  1916. 


To  THE  PEOPLE  OF  WISCONSIN: 

When  national  emergencies  occur  it  is  lawful  for  the  Pres- 
ident to  call  forth  to  Federal  service  the  Militia  of  the  several 
States. 

He  alone  and  exclusively  has  power  to  determine  when  the 
exigency  for  such  calling  forth  has  arisen. 

By  order  dated  June  18,  1916,  the  President  of  the  United 
States  has  called  forth  the  Wisconsin  National  Guard  to  the 
number  of  one  brigade  of  three  regiments  of  infantry,  one  troop 
of  cavalry,  one  battery  of  field  artillery,  and  one  field  hospital. 

His  call  is  the  call  of  the  Nation  and  as  such  I  transmit  it 
to  the  National  Guard  of  Wisconsin. 

And  I  call  not  only  upon  those  who  are  bound  by  enlistment 


432  PROCLAMATIONS 

oath  to  serve  the  State,  but  upon  all  other  people  of  Wisconsin 
that  by  their  aid  and  encouragement,  as  in  previous  wars,  the 
quota  of  Wisconsin  troops  required  for  National  services  may 
he  promptly  filled  and  thereafter  maintained,  and  to  the  far- 
ther end  that  in  place  of  those  who  go  forth,  there  may  be  or- 
g  nized,  drilled  and  disciplined  fresh  troops  to  serve  the  State 
and  the  Nation  if  they  shall  be  also  called  forth. 

EMANUEL  L.  PHIIJPP, 
Governor  and  Commander-in-Chief. 
STATE  OF  WISCONSIN 
EXECUTIVE  OFFICE. 
EXECUTIVE  ORDER 
NO. 

June  18,  1916. 

Brigadier  General  Orlando  Holway  is  hereby  directed  to  pro- 
ceed to  Camp  Douglas,  Wisconsin,  and  assume  command  of  all 
troops  of  the  Wisconsin  National  Guard  mobilized  in  pursuance 
of  the  Order  of  the  President  of  the  United  States,  dated,  June 
18,  1916,  or  which  may  hereafter  be  mobilized  in  pursuance  of 
further  such  orders.  He  will  establish  headquarters  on  the  Wis- 
consin State  Military  Reservation  where  the  troops  are  to  be 
quartered. 

EMANUEL  L.  PHILIPP, 
Governor  and  Commander-in-Chief. 


Convening  Special  Session  of  Legislature 

In  the  month  of  June  the  President  of  the  United  States  called 
for  troops,  to.  restore  order  in  Mexico  and  protect  the  Ameri- 
cans living  on  that  frontier.  In  response  to  that  call,  four  thou- 
sand Wisconsin  guardsmen  enlisted  in  the  federal  service  and 
nearly  all  of  them  are  now  in  the  United  States  Army,  sta- 
tioned in  or  near  San  Antonio,  Texas.  No  definite  informa- 
tion is  obtainable  as  to  the  length  of  time  their  services  will  be 
required.  So  far  as  present  indications  may  mean  anything,  it 
seems  certain  that  they  will  not  be  mustered  out  for  several 
months. 

The  men  of  our  guard  who  responded  to  the  call  of  the  Presi- 
dent are  all  citizens  of  our  State  and  nearly  all  voters.  I  am  in- 
formed by  their  commanding  officers  that  they  ask  for  the  priv- 
ilege of  casting  their  ballot  at  the  general  election  in  November. 


FOR  THE  YEAR  1916  433 

Every  patriotic  citizen  desires  to  exercise  that  right  on  election 
day  and  it  is  a  privilege  that  should  be  accorded  to  all  quali- 
fied citizens,  and  especially  to  those  patriotic  men  who  responded 
to  the  call  of  the  President  for  defenders  of  our  country  at  a 
time  when  there  was  reason  to  believe  that  the  situation  in  Mexi- 
co was  serious  and  that  the  protection  of  American  lives,  as 
well  as  the  dictates  of  humanity,  required1  the  presence  of  the 
American  soldier  in  that  territory. 

The  right  of  giving  the  soldier  the  privilege  to  cast  his  ballot 
on  the  field,  while  in  the  service  of  the  United  States  Army,  is 
not  a  new  one.  It  was  given  to  the  soldiers  who  served  in  the 
Union  Army  during  the  Civil  War.  The  statute  under  which 
this  right  was  exercised  was,  however,  repealed  by  a  subsequent 
legislature. 

I  believe  the  rights  of  our  soldiers  should  at  all  times  be  re- 
spected and  that  the  matter  above  referred  to  is  of  sufficient  im- 
portance to  justify  a  special  session  of  the  legislature. 

THEREFORE,  by  virtue  of  the  authority  vested  in  me  by 
the  Constitution,  I,  Emanuel  L.  Philipp,  Governor  of  Wiscon- 
sin, do  hereby  convene  the  legislature  of  this  state  in  special 
session  at  the  Capitol,  in  the  city  of  Madison,  on  Tuesday,  Octo- 
ber 10,  1916,  at  two  o'clock  in  the  afternoon,  for  the  purpose 
of  enacting  such  legislation  as -will  permit  citizens  of  the  state 
of  Wisconsin  who  are  in  the  service  of  the  United  States  Army, 
as  well  as  others  who  are  unable  to  cast  their  ballot  because  of 
absence  from  home,  the  right  of  their  elective  franchise.  And 
the  votes  thus!  cast  shall  be  counted  as  if  the  same  had  been 
cast  in  the  election  districts  in  which  they  reside. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.     Done  at  the  Capitol,  in 
the  City  of  Madison  this  third  day  of  October, 
SEAL.  A.  D.  1916. 

(Signed) 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor: 

JOHN  S.  DONALD, 
Secretary  of  State. 


434  PKOCLAMATIONS 

Labor  Day  Proclamation 

The  people  of  the  United  States,  more  than  any  other  coun- 
try in  the  world,  have  come  to  recognize  the  consideration  due 
to  labor.  In  this  country,  as  in  no  other,  the  man  or  woman 
who  toils  is  respected  above  all  others.  Whether  he  or  she  may 
be  one  of  those  master  minds  which  plan  and  direct  the  wrork 
of  this  nation,  or  one  of  those  who  carry  out  those  plans,  the 
worker  has  the  respect  and  good  will  of  all  thinking  people.  In 
this  country  the  worker,  no  matter  howr  humble  may  be  his  ori- 
gin, may  rise  to  the  highest  place  in  the  land.  By  his  industry 
he  is  known  rather  than. by  his  caste  or  class. 

It  has  become  the  custom  to  set  aside  one  day_in  each  year 
in  honor  of  labor,  when  all  work  shall  cease,  and  those  who  toil 
may  spend  this  brief  period  in  rest  and  recreation,  well  earned 
by  the  application  of  each  to  his  allotted  task  during  the  year  - 
just  closed.  It  is  a  day  when  we  should  thoughtfully  consider 
the  advantages  of  the  government  under  which  we  live,  and 
counsel,  one  with  another,  upon  those  things  which  we  can  do 
to  make  that  government  better. 

Wisconsin  always  has  recognized  this  day,  and  her  people 
have  responded  to  its  obligations  and  have  recognized  its  impor- 
tance as  a  state  as  well  as  a  national  holiday. 

THEREFORE,  as  Governor  of  the  State  of  Wisconsin,  I, 
Emanuel  L.  Philipp,  do  hereby  designate  Monday,  the  fourth 
day  of  September,  1016,  as 

LABOR  DAY 

and  I  recommend  that  on  that  day  all  work  be  suspended  as  far 
as  possible,  and  that  our  citizens  join  with  those  who  celebrate, 
to  the  end  that  the  significance  of  the  day  may  be  brought  home 
to  our  people,  and  that  labor  be  accorded  its  just  place  in  the 
thoughts  of  the  citizens  of  Wisconsin. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.     Done  at  the  Capitol,  in 
the  City  of  Madison,  this  twenty-third  day  of 
SEAL.  August,  A.  D.,  1916. 

(Signed) 

EMANUEL  L.  PHILIPP, 
By  the  Governor:  Governor. 

J.  S.  DONALD, 
Secretary  of  State. 


FOR  THE  YEAR  1916  435 

Fire  Prevention  Day 

I  desire  to  call  public  attention  to  a  form  of  destruction  and 
waste  that  is  taking  place  in  this  state,  and  which  should  be 
prevented  as  far  as  possible,  not  only  in  the  interests  of  those 
who  lose  their  property  but  in  the  interest  of  the  general  public 
as  well. 

Statistics  from  the  State  Fire  Marshal's  Department  show 
that  the  average  monthly  loss  in  this  state  from  fire  is  approxi- 
mately $400,000.00.  In  addition,  there  is  a  large  toll  of  human 
life  taken  annually  by  the  same  cause.  Such  losses  constitute 
an  irreparable  drain  upon  our  resources.  No  doubt  human  life 
can  be  saved  and  the  losses  in  money  greatly  reduced  if  greater 
precaution  is  taken  to  prevent  fires. 

For  the  reasons  set  forth  and  for  the  purpose  of  arousing 
our  people  to  a  keener  sense  of  the  dangers  of  fire  and  to  induce 
them  to  take  a  more  active  interest  in  fire  prevention,  I  hereby 
proclaim,  that 

Monday,  the  Ninth  Day  of  October,  1916, 
the  anniversary  of  the  Great  Chicago  Fire,  be  known  as 

STATE  FIRE  PREVENTION  DAY 

and  I  earnestly  recommend  that  our  people  observe  the  same  by 
a  general  cleaning  up  of  removal  of  rubbish,  trash,  and  waste 
from  their  premises; 

That  electric  wiring,  heating  apparatus  and  chimneys  be  care- 
fully inspected  and  placed  in  proper  condition  for  winter  use ; 

That  all  public  and  private  institutions,  hotels,  asylums,  fac- 
tories and  theaters  be  carefully  examined  on  that  day  and  wher- 
ever necessary,  that  proper  changes  and  corrections  be  made 
to  further  protect  the  safety  of  the  occupants  and  the  value  of 
the  property; 

That  all  local  authorities  give  attention  to  the  matter  of  bet- 
ter building  regulations,  stricter  adherence  to  the  building  code, 
fire  protection  and  fire  prevention,  as  well  as  added  apparatus 
for  fire  fighting; 

That  the  press,  by  timely  publications  pertaining  to  fire  pre- 
vention and  protection,  arouse  the  public  to  a  general  cleaning 
up  and  encourage  civic  and  other  public  gatherings  on  the  sub- 
ject of  fire)  waste  of  the  Statei  and  the  means  for  its  preven- 
tion; 

And  that,  lastly,  fire  drills  be  held  on  that  day  in  institutions, 


436  PROCLAMATIONS 

factories,  in  public,  parochial  and  private  schools,  and  I  earn- 
estly recommend  that  teachers  instruct  their  pupils,  through 
short  talks  and  proper  programs  on  the  dangers  of  fire  and  the 
methods  of  fire  prevention. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.     Done  at  the  Capitol,  in 
the  City  of  Madison,  this  12th  day  of  Septem- 
SEAL.  ber,  A.  D.,  1916. 

(Signed) 

EMANUEL  L.  PHILIPP, 
By  the  Governor:  Governor. 

J.  S.  DONALD, 
Secretary  of  State. 


Thanksgiving  Day 

The  autumn  season  has  come  to  a  close.  Our  crops  have  been 
gathered  and  nature  will  slumber  until  awakened  by  spring- 
time. It  is  the  season  of  the  year  when  we,  pursuant  to  a  long  es- 
tablished custom,  set  aside  a  day  to  offer  thanks  for  the  bits-s- 
ings that  have  come  to  us  during  the  year. 

As  we  review  the  events  of  the  year,  let  us  not  be  unmindful 
of  these  facts:  Our  State  and  Nation  again  have  been  blessed 
with  bountiful  crops.  At  a  time  when  the  greater  part  of  the 
civilized  world  has  been  engaged  in  war  and  the  people  of  the 
warring  nations  have  been  compelled  to  experience  the  horrors 
of  war,  we  have  been  permitted  to  live  in  peace,  to  develop  our 
industries  and  follow  our  usual  pursuits.  Neither  pestilence 
nor  want  has  come  to  us,  and  nothing  has  occurred  to  disturb 
our  happiness  except  as  our  hearts  have  been  saddened  became 
of  our  sympathies  for  the  unfortunate  people  of  Europe  who 
are  engaged  in  a  struggle,  the  end  of  which  is  not  yet  in  sig'  t. 

In  view  of  the  foregoing,  we  may  well  consider  ourselves  a 
favored  people,  and  it  is  fitting  that  we  set  aside  a  day  on  which 
to  render  thanks  for  these  blessings. 

As  we  assemble  to  offer  thanks  unto  God  for  the  blessings 
that  have  come  to  us,  let  us  resolve  that  in  our  relations  with 
other  nations,  and  particularly  with  the  belligerent  nations  of 
Europe,  our  country's  actions  shall  be  fair  and  just  and  at  all 
times  humane. 


FOR  THE  YEAR  1916  437 

Let  us  promote  a  spirit  of  generosity  within  us  to  the  end 
that  we  may  be  charitable  and  give  freely  of  our  surplus  to  re- 
lieve the  wants  of  the  needy  of  other  lands  who  have  been  im- 
poverished through  war;  also  to  our  own  people  who  through 
sickness  or  other  misfortunes  are  unable  to  provide  for  them- 
selves and  are  therefore  poor.  Let  us  promote  a  spirit  of  friend- 
ship and  goodwill  to  one  another,  and  a  love  of  country,  that 
will  ever  make  us  a  united  people. 

In  recognition  of  the  kindness  of  Providence  and  in  obedi- 
ence to  our  long  established  custom,  and  for  further  purpose  of 
conforming  with  the  proclamation  of  the  President  of  the  Uni- 
ted States,  I,  Emanuel  L.  Philipp,  Governor  of  the  State  of 
Wisconsin,  do  hereby  designate  and  appoint  Thursday,  the  thir- 
tieth day  of  November,  nineteen  hundred  and  sixteen  as 

THANKSGIVING  DAY 

and  I  recommend  ihat  our  people  meet  on  that  day  in  their 
accustomed  places  of  worship  and  acknowledge  their  gratitude 
to  God  for  the  many  favors  that  have  come  to  us  during  the  past 
year. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol,  in 
the  City  of  Madison  this  twenty-fourth  day  of 
November  in  the  year  of  our  Lord  one  thou- 
SEAL.  sand,  nine  hundred  and  sixteen. 

(Signed) 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor: 

L.  B.  NAGLER, 
Asst.  Secretary  of  State. 


A  Proclamation 

WHEREAS  it  appears  from  the  certificate  of  the  chairman 
of  the  county  board  to  Douglas  County,  Wisconsin,  attested  by 
the  county  clerk  of  said  county,  duly  filed  with  me,  that  the 
county  seat  of  justice  of  said  Douglas  County  was1,  by  chapter 
10  of  the  laws  of  1854,  located  upon  section  thirty  (30),  town- 
ship forty-nine  (49)  North,  range,  thirteen  (13),  West  of  the 
fourth  principal  meridian ;  that  thereafter  the  city  of  Superior 


438  PROCLAMATIONS 

was  duly  organized  within  said  county  and  that  said  city  is, 
and  has  been  for  a  number  of  years  last  past,  a  city  of  the  sec- 
ond class;  that  the  territory  of  said  city  includes  the  parcel  of 
land  above  described  and  that  the  county  board  of  said  county 
duly  submitted  the  following  question  to  a  vote  of  the  qualified 
voters  of  said  county  at  the  general  election  held  in  said  county 
on  the  seventh  day  of  November,  A.  D.,  1916,  to  wit:  "Shall 
the  county  seat  of  justice  of  said  Douglas  County,  now  located 
on  section  thirty  (30)  township  forty-nine  (49)  north  of  range 
thirteen  (13),  west  of  the  fourth  (4th)  principal  meridian,  be 
enlarged  so  as5  to  include  all  of  the  territory  embraced  within 
the  limits  of  the  city  of  Superior,  Douglas  County,  Wisconsin." 
AND  WHEREAS,  it  further  appears  from  said  certificate 
that  a  majority  of  all  votes  cast  at  such  election  on  that  subject 
was  in  favor  of  said  enlargement: 

NOW  THEREFORE,  I,  Emanuel  L.  Philipp,  Governor  of 
the  State  of  Wisconsin,  by  virtue  of  the  statute  in  such  case  made 
and  provided,  do  publish,  declare  and  proclaim  that  the  terri- 
tory embraced  within  the  limits  of  the  city  of  Superior,  Douglas 
County,  Wisconsin,  is  the  county  seat  of  justice  of  the  County 
of  Douglas,  State  of  Wisconsin. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.     Done  at  the  Capitol,  in 
the   City   of  Madison,   this  ninth    (9)    day  of 
SEAL.  January,  A.  D.,  1917. 

(Signed) 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor: 

L.  B.  NAGLER, 
Assistant  Secretary  of  State. 


A  Proclamation 

In  so  much  as  our  country  is  now  engaged  in  a  war  with  the 
central  powers  of  Europe,  the  possible  magnitude  of  which  we 
must  not  under-estimate,  I  feel  it  my  duty  to  call  the  attention 
of  the  people  of  the  State  of  Wisconsin  to  the  sacrifices  that 
we  must  make  and  the  responsibilities  that  we  must  assume  in 
order  that  we  may  fully  cooperate  with  the  national  govern- 


FOR  THE  YEAR  1917  439 

rnent  in  upholding  the  arms  of  our  nation.  Whatever  disagree- 
ment there  may  have  been  about  the  necessity  or  advisability  of 
engaging  in  the  war  is  now  a  thing  of  the  past.  War  is  upon 
us  and  I  call  upon  every  citizen  of  the  State  of  Wisconsin  to 
aid  in  the  preparations  that  must  be  made  to  meet  every  emer- 
gency and  to  enable  our  state  to  do  its  full  share  in  the  support 
of  our  government. 

Military  preparations  'must  of  necessity  be  controlled  by  the 
United  States  government.  We  shall  be  called  upon  to  pro- 
vide our  quota  of  troops  and  I  feel  confident  that  Wisconsin's 
sons  will  respond  to  the  call  of  the  President  of  the  United 
States  willingly  and  promptly  and  with  the  same  spirit  of  pa- 
triotism that  has  characterized  our  soldiers  in  the  wars  of 
former  years. 

Soldiers  alone  cannot  carry  on  a  war  successfully.  Battles  can- 
not be  won  with  empty  commissaries.  Troops  must  be  equipped. 
Armies  must  be  fed.  No  soldier  can  endure  the  hardships  of  a 
campaign  unless  he  is  properly  nourished.  It  is  with  a  view 
of  awakening  our  civilian  population  to  a  full  realization  of 
their  duty  in  the  present  situation,  therefore,  that  T  address 
this  message  to  the  people  of  Wisconsin. 

The  most  important  problem  that  confronts  us  now,  and  which 
must  be  met  in  no  uncertain  way,  is  to  provide  a  supply  of 
food.  The  high  cost  of  living  has  been  a  source  of  complaint  in 
our  industrial  centers  for  more  than  two  years.  The  available 
stocks  of  food  have  been  gradually  depleted  until  we  find  our- 
selves practically  without  any  surplus  in  our  own  country,  and 
an  absolute  shortage  seems  to  exist  all  over  Europe.  The  price 
of  some  commodities,  because  of  this  shortage,  has  risen  so  high 
as  to  place  them  out  of  reach  of  the  masses  of  the  people 

To  add  to  the  seriousness  of  the  situation  is  the  fact  that  the 
South  American  grain  crop  is  a  partial  failure  and  that  a  vast 
acreage  of  wheat  in  our  own  country  has  been  winter  killed.  In 
the  Canadian  northwest  there  exists  a  shortage  of  labor,  which 
will  materially  reduce  the  acreage  of  wheat  in  that  section  The 
fact  that  we  shall  enlist  a  large  army  of  able-bodied  young  men 
and  take  them  out  of  production,  coupled  with  the  further  fact 
that  large  numbers  of  laboring  men  will  be  required  in  the 
factories  that  will  produce  the  munitions  and  other  supplies  for 
our  army,  may  produce  a  similar  shortage  of  labor  in  our  agri- 
cultural districts. 


440  PROCLAMATIONS 

I  regard  this  as  a  serious  situation,  particularly  in  view  of 
the  fact  that  we  must  feed  an  army  in  addition  to  our  industrial 
population,  and  also  provide  food  supplies  to  the  people  of 
Europe  with  whom  we  are  upon  friendly  terms. 

In  view  of  the  foregoing,  it  is  perfectly  apparent  that  the  man 
who  works  with  a  hoe  will  be  a  patriot  in  the  service  of  his 
country,  and  I  urge  all  who  are  able  to  work  to  contribute  their 
part  in  the  production  of  food,  to  the  end  at  least  that  none  shall 
contribute  less  than  is  required  for  their  own  support.  What 
the  country  will  need  most  are  these  plain  articles  of  good: 
meat,  potatoes  and  cereals  for  bread. 

I  urge  every  farmer  in  the  State  of  Wisconsin  who  has  suitable 
land  to  plant  enough  wheat  to  produce  the  flour  necessary  for 
his  own  use,  and  a  surplus  if  possible.  I  urge  that  he  plant 
sufficient  acreage  of  corn  and,  if  possible,  increase  his  herd  of 
swine,  to  produce  pork  for  the  market.  I  particularly  urge  that 
the  acreage  of  potatoes  be  increased.  Every  farmer  should  plant 
enough  of  this  vegetable  for  his  own  use,  and  wherever  the  soil 
is  suitable  he  should  make  his  potato  field  as  large  as  he  is  able 
to  cultivate. 

I  urge  our  farmers,  as  a  matter  of  patriotic  duty,  to  cultivate 
every  foot  of  their  soil ;  none  of  it  is  too  poor  to  raise  something. 
White  navy  beans  and  buckwheat  will  be  in  demand — in  fact, 
anything  that  is  food  for  man  or  beast  will  be  a  contribution  to 
the  pressing  needs  of  our  country. 

Our  farmers  should  require  no  greater  inducement  than  the 
present  high  prices  of  all  farm  produce  to  encourage  them  in 
the  cultivation  of  every  foot  of  tillable  soil.  The  fact  that  no 
large  stocks  of  food  will  this  year  be  carried  over  is  in  itself  an 
assurance  that  the  price  of  farm  produce  will  be  high  for  another 
year,  even  if  peace  were  immediately  declared. 

It  is  reported  that  in  some  sections  there  exists  a  shortage  of 
seed,  particularly  potatoes.  The  Department  of  Agriculture  of 
the  State  of  Wisconsin  stands  ready  to  act  as  a  clearing  house  in 
the  matter  of  seed  supply,  and  all  who  have  a  surplus  of  seed 
of  any  kind  should  so  advise  Mr.  C.  P.  Norgord,  Commissioner 
of  Agriculture,  Madison,  Wisconsin ;  and  all  who  are  short  of 
seed  of  any  kind  should  address  the  same  official,  who  stands 
ready  with  his  department  to  co-operate  with  the  farmers  of  the 
state  to  the  fullest  extent  in  the  matter  of  securing  suitable 
seeds  to  plant  the  crop. 


FOR  THE  YEAR  1917  441 

In  order  that  we  may  conserve  labor  for  agriculture  and  the 
necessary  industries  I  recommend  that  public  work,  so  far  as 
it  is  possible,  be  deferred  until  such  a  time  as  labor  shall  not  be 
so  urgently  needed  for  these  purposes  as  it  is  at  present. 

I  wish  to  again  impress  upon  the  people  of  this  state  that  the 
food  situation  is  so  serious  that  we  will  commit  a  moral  wrong 
against  our  government  if  we  in  any  way  unnecessarily  interfere 
with  the  production  and  successful  harvesting  of  our  agricul- 
tural products. 

1  ask  that  all  bankers,  business  men,  farmers,  societies,  agri- 
cultural associations,  labor  organizations  and,  so  far  as  possible, 
the  schools  of  the  state,  interest  themselves  in  the  matter  of  in- 
creasing our  agricultural  products. 

I  urge  that  the  bankers  of  the  state  give  aid  in  the  form  of 
loans,  in  reasonable  sums,  to  farmers  who  may  need  assistance 
either  in  the  purchase  of  seed  or  in  the  cultivation  of  crops. 

I  recommend  to  the  people  of  the  cities,  towns  and  villages 
that  they  plant  liberal  crops  of  vegetables  on  the  vacant  prop- 
erty, in  order  that  they  may  supply  themselves  and  thereby  be 
protected  against  high  prices  of  such  commodities. 

I  also  recommend  that  the  citizens  practise  all  reasonable 
economy  in  the  conservation  of  food,  bearing  in  mind  that  un- 
der present  conditions  food  wasted  is  food  taken  from  someone 
who  needs  it. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol,  in 
the  City  of  Madison,  this  thirteenth  day  of 
April,  in  the  year  of  our  Lord,  one  thousand 
nine  hundred  and  seventeen. 
SEAL. 

(Signed) 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor: 

L.  B.  NAGLER, 
Assistant  Secretary  of  State. 


442  PROCLAMATIONS 

Arbor  and  Bird  Day 

The  advent  of  spring  is  proclaimed  by  the  song  of  birds,  the 
budding  of  trees  and  the  blossoming  of  flowers.  These  things  na- 
ture has  provided.  As  an  annual  reminder  of  the  necessity  of 
conserving  the  wealth  of  beauty  so  bountifully  bestowed  upon 
our  great  state,  the  people  have  ordained  by  law  that  a  holiday 
be  declared  for  the  purpose  of  keeping  alive  the  appreciation 
of  the  value  of  birds,  flowers  and;  trees,  and  to  instill  in  the 
minds  of  the  youths  of  the  state  a  love  for  the  beauties  of  nature 
and  a  desire  to  preserve  and  increase  their  value. 

In  accordance,  therefore,  with  established  law  and  custom, 
I,  Emanuel  L.  Philipp,  Governor  of  the  State  of  Wisconsin, 
do  hereby  proclaim 

Friday,  the  Fourth  day  of  May,  1917, 
ARBOR  AND  BIRD  DAY 

and  I  recommend  that  the  day  be  observed  by  the  planting  of 
trees,  the  adornment  of  school  and  public  grounds  and  by  the 
holding  of  appropriate  exercises  in  all  the  schools  of  the  state 
to  the  end  that  the  greatest  possible  advancement  may  be  at- 
tained in  harmony  with  the  spirit  of  this  proclamation. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol,  in 
the  City  of  Madison,  this  twenty-sixth  day  of 
April,  in  the  year  of  our  Lord,  one  thousand 
nine  hundred  and  seventeen. 
SEAL.  (Signed) 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor: 
MERLIN  HULL, 
Secretary  of  State. 


Fixing  Clean-up  Week  from  May  7  to  May  12,  1917 

With  the  coming  of  spring  all  nature  puts  on  new  and  clean 
apparel.  Trees  cover  their  bare  branches  with  leaves.  Vines 
and  shrubs  put  fourth  buds  and  flowers.  Barren  fields  become 
mantled  with  a  carpet  of  green. 

Nature's  work  is  often  marred  and  hampered  by  mankind. 


FOR  THE  YEAK  1917  44S 

A  pile  of  rubbish  destroys  an  otherwise  beautiful  lawn.  Dead 
limbs  on  trees  detract  from  the  beauty  of  a  yard  or  field.  Occa- 
sionally an  otherwise  beautiful  residence  appears  bleak  or  bar- 
ren on  account  of  the  absence  of  trees,  shrubs  and  flowers. 

Besides  marring  the  beauty  of  nature,  rubbish  and  filth  breed 
disease. 

To  the  end  that  man  may  assist  nature  in  Making  Wiscon- 
sin a  cleaner,  happier,  healthier  and  more  beautiful  state,  and 
that  its  citizens  may  unite  in  a  clean-up  campaign,  I,  Emanuel 
L.  Philipp,  Governor  of  the  State  of  Wisconsin,  do  hereby  pro- 
claim, the  week  beginning  May  7,  1917,  as  Clean-Up  Week,  and 
urge  all  citizens  during  that  week  especially  to  clean  their  re- 
spective premises  of  all  accumulations  of  rubbish,  trim  their 
shade  trees  of  all  dead  limbs  and  branches,  plant  shrubs  and 
flowers  and  in  all  other  possible  ways  assist  nature  in  its  annual 
clean-up  campaign. 

IN  TESTIMONY  WHE'REOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol,,  in 
the  City  of  Madison,  this  twenty-seventh  day 
of  April,  A.  D.,  1917. 
SEAL. 

(Signed) 

EMANUEL  L.  PHILIPP, 

Governor. 
L.  B.  NAGLER, 
Assistant  Secretary  of  State. 


Memorial  Day 

Fifty-two  years  ago  a  great  struggle  came  to  a  close  which 
established  a  new  freedom  in  our  country  and  demonstrated 
to  the  world  that  this  republic  can  successfully  resist  an  attack 
from  within,  despite  the  fact  that  it  was  often  predicted  by 
great  men  of  the  world  that  our  government  would  fall  because 
of  its  own  weakness. 

The  successful  conclusion  of  the  war  of  the  sixties  gave  this 
republic  a  place  among  the  first  nations  of  earth  and  our  gov- 
ernment a  reputation  of  stability,  and  to  our  people  a  guaranty 
of  their  constitutional  liberties.  This  great  achievement  was 


444  PKOCLAMATIONS 

secured  to  us  through  the  unselfish  sacrifice  of  our  country's 
best  men  and  noblest  women. 

With  the  exception  of  the  brief  period  of  the  Spanish-Amer- 
ican War  we  have  been  blessed  with  unbroken  peace  since  the 
close  of  the  events  of  the  sixties.  We  have  prospered  in  the  mean- 
time as  has  no  other  nation  on  earth.  The  righteousness  of  our 
cause  that  inspired  the  soldiers  during  the  Civil  War  has  been 
conceded  by  all,  and  we  stand  today  as  a  united  people,  giv- 
ing full  approval  of  every  human  right  that  can  be  demonstrated 
as  being  in  the  best  interest  of  mankind. 

Many  of  our  people  cherished  the  hope  that  we  had  reached 
a  point  in  our  civilization  when  it  would  no  longer  be  neces- 
sary to  resort  to  war  to  settle  the  disputes  that  may  arise  be- 
tween nations.  It  was  generally  believed  that  the  peoples  of 
earth  had  reached  that  point  in  their  understanding  of  justice 
that  it  could  at  all  times  be  obtained  without  resorting  to  the 
sword.  It  was  a  high  tribute  to  the  intelligence  of  man  and  to 
his  moral  development.  Unfortunately  we  are  again  disappoint- 
ed in  our  optimism.  Our  peace  is  again  broken,  and  at  this 
moment  we  find  ourselves  at  war  with  one  of  the  great  powers 
of  Europe. 

In  the  sixties  the  immortal  Lincoln  was  compelled  to  call 
our  best  manhood  to  the  colors'  to  preserve1  the  Union  and  es- 
tablish a  freedom  that  would  be  guaranteed  to  all  who  live 
within,  the  borders  of  our  beloved  country.  Today  our  Pres- 
ident calls  the  flower  of  our  young  manhood  to  the  colors,  that 
we  may  enforce  our  rights  upon  the  sea  and  carry  that  freedom 
which  we  cherish  so  much  to  the  oppressed  of  other  lands. 

As  we  gather  to  do  honor  to  those  brave  men  and  women  who 
fought  our  battles  of  former  years  and  carried  the  duties  and 
burdens  of  a  nation  during  their  time,  let  us  pause  and  pray  to 
Almighty  God  that  in  the  struggle  in  which  we  are  about  to 
engage  our  arms  may  be  successful,  and  that  our  brave  young 
men  who  are  offering  their  lives  in  the  defense  of  their  country 
will  return  to  us  with  new  glory  won  for  our  Flag.  The  obser- 
vance of  Memorial  Day  in  commemoration  of  the  deeds  of  the 
men  and  women  who  served  their  country  in  the  gloomy  days  of 
the  past  will,  I  hope,  be  an  inspiration  for  those  who  are  called 
upon  to  render  a  like  service  now.  It  is  an  expression  of  our 
gratitude  for  those  deeds  of  heroism  and  self-sacrifice  that  have 


FOR  THE  YEAR  1917  445 

made  our  nation  great,  which,  I  am  sure,  will  be  bestowed  upon 
the:n  in  the  years  to  come. 

The  people  of  Wisconsin,  in  conformity  with  federal  law, 
have  provided  for  a  day  to  be  observed  in  their  honor.  There- 
fore, I,  Emanuel  L.  Philipp,  Governor  of  the  State  of  Wiscon- 
sin, hereby  designate  Wednesday,  May  Thirtieth,  A.  D.,  1917. 

MEMORIAL  DAY 

and  I  earnestly  remind  the  people  of  their  duty  to  keep  it  mem- 
orable. I  request  that  the  people  meet  in  the  schools  and  church- 
es and  other  public  meeting  places  and  devote  their  thoughts 
to  our  national  ideals,  to  sing  patriotic  songs  and  do  those 
things  which  bring  the  hearts  of  the  people  closer  to  the  folds 
of  this  great  republic,  which  is  our  beloved  home. 

IN  TESTIMONY  WTHEREOF  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol,  in 
the  City  of  Madison,  this  eighteenth  day  of 
May  A.  D.,  1917. 
SEAL. 

(Signed) 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor: 
MERLIN  HULL, 
Secretary  of  State. 


Registration  Day 

Pursuant  to  an  Act  of  Congress,  the  President  of  the  United 
States  has  issued  a  proclamation,  commanding  all  male  persons 
who  have  attained  their  twenty-first  birthday,  and  who  shall  not 
have  attained  their  thirty-first  birthday,  on  or  before  the  date 
named  hereinafter,  to  present  themselves  for  registration  in  the 
precinct  where  they  have  their  permanent  homes,  between  the 
hours  of  seven  A.  M.  and  nine  P.  M.,  on  the  fifth  day  of  June, 
1917 ;  and  every  such  person  shall  be  deemed  to  have  notice  of 
the  requirements  of  the  law  upon  the  publication  of  the  Presi- 
dent's proclamation,  which  was  issued  in  the  City  of  Washing- 
ton, on  the  18th  day  of  May,  this  year. 

No  one  within  the  age  prescribed  by  law,  and  above  referred 
to,  is  exempt  from  registration,  except  officers  and  enlisted  men 


446  PROCLAMATIONS 

of  the  regular  army,  the  navy,  the  marine  corps,  and  the  na- 
tional guard,  and  naval  militia  while  in  active  service  of  the 
United  States,  and  officers  in  the  officers'  reserve  corps  and  en- 
listed men  in  the  enlisted  reserve  corps  while  in  active  service. 

Those  who  are  sick  and  those  who  expect  to  be  absent  on  the 
day  of  registration,  in  cities  of  over  thirty  thousand  popula- 
tion, should  at  once  apply  to  the  city  clerk,  and  in  all  other 
sections  to  their  respective  county  clerks,  for  registration 
cards ;  and  file  same  in  their  respective  precincts  on  registration 
day.  Persons  absent  from  their  homes  attending  schools,  col- 
leges and  other  institutions,  will  be  treated  as  absentees,  and 
should  register  under  the  rules  prescribed  for  such  persons. 

The  inmates  of  reformatories,  penitentiaries  and  houses  of 
correction,  will  be  "registered  by  the  wardens  on  the  days  set  for 
registration.  The  inmates  of  jails  will  be  registered  by  the  sher- 
iffs. Wardens  and  sheriffs  are  directed  to  secure  the  necessary 
card  to  provide  their  inmates,  and  to  certify  to  the  registra- 
tion of  the  same.  Sheriffs  will  forward  the  same  to  the  proper 
precincts;  wardens  will  receive  special  instructions.  Indians 
living  upon  reservations  will  be  registered  under  the  direction 
of  the  Commissioner  of  Indian  Affairs.  Indians  not  living  on 
Indian  Reservations  will  be  registered  the  same  as  other  per- 
sons. 

I  wish  to  call  the  attention  of  the  people  to  the  fact  that  the 
duty  of  registering  rests  entirely  on  the  man  who  is  subject  to 
registration,  and  any  failure  to  do  so  subjects  him  to  the  pen- 
alties1 of  the  law.  The  Act  of  Congress  provides  penalties  as 
follows : 

Any  person  who  shall  wilfully  fail  or  refuse  to  present  him- 
self for  registration  or  to  submit  thereto,  as  provided  by  the 
law,  shall  be  guilty  of  a  misdemeanor,  and  shall,  upon  convic- 
tion in  the  district  court  of  the  United  States  having  jurisdic- 
tion thereof,  be  punished  by  imprisonment  for  not  more  than 
one  year;  and  any  person  who  shall  knowingly  make  or  be  a 
party  to  the  making  of  any  false  statement  as  to  the  fitness  or 
liability  of  himself  or  any  other  person,  for  military  or  any  other 
service  under  the  law,  or  regulations  made  by  the  president 
thereunder,  or  otherwise  evades,  or  aids  another  to  evade,  the 
requirements  of  the  law;  or  of  the  regulations,  or  who  in  any 
manner  shall  fail  or  neglect  fully  to  perform  any  duty  required 
of  him  in  the  execution  of  the.  law,  will  be  guilty  of  a  misde- 


FOR  THE  YEAR  1917  447 

ineanor,  and,  upon  conviction  in  the  district  court  of  the  United 
States  having  jurisdiction,  will  be  punished  by  imprisonment  for 
not  more  than  one  year. 

The  law  further  provides: 

Police  officers  of  any  grade  or  class,  of  town,  township,  coun- 
ty, state  or  nation,  are  required  to  render  every  assistance  in 
the  execution  of  this  law.  It  is  more  especially  the  duty  of 
such  police  officers  to  see  that  all  male  persons  within  the  des- 
ignated ages  have  registered,  and  to  report  those  who  have  not 
registered  to  the  proper  registration  board  for  such  action  as 
may  be  necessary.  Police  officers  may  require  any  person  to 
exhibit  his  registration  certificate. 

It  will  be  observed  that  the  penalties  of  the  law  are  severe, 
and  I  hope  that  no  man  subject  to  registration  will  attempt  to 
shirk  his  duty  in  this  respect.  There  is  no  possible  escape  from 
it,  because  those  who  may  attempt  to  do  so  will  be  apprehended 
in  course  of  time  and  will  be  obliged  to  submit  to  the  punish- 
ment provided  by  law. 

I  call  upon  all  citizens,  patriotic  bodies,  county  defense  coun- 
cils, and  all  other  patriotic  organizations,  to  give  us  their  aid 
in  making  the  registration  a  success.  I  suggest  that  every  per- 
son who  can  do  so  make  an  effort  to  notify  every  man  whom 
he  knows  to  be  of  military  age,  reminding  him  of  the  fact  that 
it  is  registration  day,  in  order  that  he  may  not  subject  himself 
to  the  penalties  of  the  law  by  reason  of  neglect  or  because  of 
the  fact  that  he  had  not  received  personal  notice.  If  you  have 
a  friend  who  is  forgetful,  remind  him  that  June  fifth  is  the  day 
upon  which  he  must  register. 

Our  country  is  involved  in  a  great  war.  The  registration  of 
our  young  men  who  are  of  military  age  is  the  first  act  by  the 
government  that  makes  us  realize  that  we  are  engaged  in  war. 
No  man  can  refuse  his  country's  call,  and  I  feel  confident  that 
the  people  of  Wisconsin  will  respond  without  a  murmur.  They 
responded  to  the  call  of  the  country  in  the  wars  of  former  days, 
— they  will  do  so  now. 

The  President  wishes  us  to  understand  that  this  is  not  a  draft, 
but  a  selection.  That  to  be  drafted  for  military  service  under  this 
law  merely  means  that  the  person  so  drafted  has  been  found 
physically  fit  to  render  service  as  a  soldier,  and  is  asked  by 
the  government  to  do  what  we  would  expect  him  to  volunteer  to 
do. 


448  PROCLAMATIONS 

I  recommend  to  the  citizens  of  the  state  that  June  fifth  be 
made  a  memorable  day  in  the  history  of  the  state  of  Wiscon- 
sin; that  flags  be  displayed  on  public  buildings  and  private 
homes,  and  that  those  who  go  to  the  booth  and  register,  with  the 
expectation  of  rendering  a  service,  will  receive  the  applause  that 
is  due  a  patriotic  citizen. 

The  day  should  be  known  by  an  appropriate  name,  and  I  sug- 
gest to  the  people  and  to  the  press  of  the  state  that  we  refer 
to  it  as  DUTY  DAY. 

Finally,  I  express  the  hope  that  the  law  and  the  proclama- 
tion of  the  President  will  be  complied  with  by  all  citizens  who 
are  subject  to  it,  that  the  unpleasantness  of  inflicting  punish- 
ment may  be  avoided,  and  that  you  will  enable  me  to  say  to 
the  President  of  the  United  States,  at  nine  o'clock  in  the  eve- 
ning of  June  fifth,  that  Wisconsin  stands  ready  to  furnish  her 
quota  of  soldiers  to  the  nation. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol,  in 
the  City  of  Madison,  this  twenty-third  day  of 
May,  A.  D.,  1917. 
SEAL. 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor: 
MERLIN  HULL, 
Secretary  of  State, 


Flag  Day 

Pursuant  to  custom,  I  wish  to  remind  the  people  of  the  com- 
monwealth that  June  fourteenth  is  the  anniversary  of  the  adop- 
tion of  our  American  Flag.  It  was  created  at  a  time  when  the 
American  colonies  were  struggling  for  freedom.  Inspired  by  its 
beauty  and  majesty,  and  the  principles'  of  human  liberty  that 
it  stands  for,  they  succeeded  in  establishing  a  government  that 
guarantees  the  fullest  measure  of  freedom  to  its  citizens  and 
equality  before  the  law. 

In  the  one  hundred  and  forty-one  years  of  its  existence  our 
flag  and  the  American  idea  of  government  that  it  stands  for 
has  been  attacked  from  without  and  within.  It  led  the  host 


FOR  THE  YEAR  1917  449 

that  repelled  invasion  as  it  did  the  great  armies  that  preserved 
it  for  the  Union.  It  came  to  be  known  in  every  land  and  upon 
the  sea  as  the  emblem  of  a.  great  and  growing  republic  that 
would  ultimately  convert  the  world  to  more  humane  principles 
of  government,  and  a  better  regard  for  human  rights. 

The  American  people  have  not  sought  to  conquer  the  world, 
nor  have  they  ever  wished  to  acquire  the  territory  of  another 
people.  It  has,  however,  been  their  wish  that  the  people  of  all 
the  civilized  world  might  enjoy  the  human  rights  that  we  prize 
so  highly  and  that  are  guaranteed  to  us  by  our  constitution. 

We  believed  it  to  be  our  settled  policy  that  the  stars  and 
stripes  remain  on  the  American  continent,  and  with  the  excep- 
tion of  our  island  possessions  which  are  in  the  main  a  legacy 
of  a  war  which  we  waged  for  the  good  of  humanity,  we  have 
thus  far  adhered  to  that  policy. 

A  suitation  has  arisen  in  the  world  that  compels  us  to  carry 
our  flag  across  the  sea  at  the  head  of  a  great  army  of  Ameri- 
cans to  aid  in  the  establishment  of  greater  freedom  on  con- 
tinental Europe.  Let  us  pray  to  God  that  this  undertaking 
may  be  well  directed  and  the  human  sacrifices  that  it  will  de- 
mand will  be  richly  compensated,  not  by  territory  or  wealth, 
but  in  the  establishment  of  better  conditions  for  the  people  of 
Europe,  and  the  establishment  of  a  permanent  peace  for  all  the 
world.  Our  beloved  flag  will  lead  the  armies  that  we  will  send 
upon  this  new  mission  in  Europe,  as  it  will  float  over  the  Amer- 
ican ships  upon  the  sea.  As  it  inspires  our  soldiers  and  sailors 
so  should  it  inspire  those  who  are  left  at  home  to  carry  on  the 
work  of  cooperation  to  supply  the  needs  of  our  army  and  navy 
in  order  that  our  soldiers  and  sailors  be  properly  supported  and 
that  their  dependents  shall  not  be  reduced  to  want,  and  that  the 
spirit  of  patriotism  will  prevail  among  our  people ;  all  of  which 
is  necessary  to  make  war  a  success. 

THEREFORE,  I,  Emanuel  L.  Philipp,  Governor  of  the  State 
of  Wisconsin,  in  conformity  with  custom  and  a  proclamation 
issued  by  the  President  of  the  United  States  of  America,  here- 
by designate  and  proclaim  Thursday,  June  fourteenth,  A.  D., 
1917, 

FLAG  DAY 

and  recommend  that  on  that  day  there  be  a  general  display  of 
the  flag,  special  exercises  and  ceremonies  in  schools,  public  and 


450  PROCLAMATIONS 

private,  and  such  honors  to  the  flag  as  the  patriotic  spirit  of 
our  people  may  prompt. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol,  in 
the  City  of  Madison,  this  eleventh  day  of  June, 
in  the  year  of  our  Lord,  one  thousand  nine 
hundred  and  seventeen. 

SEAL.  *> 

(Signed) 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor: 

MERLIN  HULL, 
Secretary  of  State. 


Red  Cross  Week 

Demand  is  being  made  by  the  Red  Cross  Society,  with  the 
endorsement  of  the  President  of  the  United  (States,  that  one 
hundred  million  dollars  be  raised  by  the  people  of  this  country 
to  support  the  Red  Cross  work  during  the  war. 

The  present  indications  are  that  we  shall  send  large  armies 
into  the  field  and  it  is,  therefore,  necessary  that  liberal  arrange- 
ments be  made  for  the  care  of  the  sick  and  wounded.  We  owe 
it  to  our  own  boys  who  have  expressed  their  willingness  to  join 
the  army  and  to  our  countrymen,  generally,  that  we  make  lib- 
eral provision  for  the  care  of  our  soldiers  that  we  may  save  the 
lives  of  as  many  as  possible  of  those  who  are  wounded  or  be- 
come afflicted  with  disease. 

The  Red  Cross  Society  is  established  by  an  act  of  congress 
and  is,  therefore,  an  official  organization.  The  President  of  the 
United  States  is  its  President  and  Ex-President  William  H.  Taft 
is  the  chairman  of  the  central  committee.  The  society  has  un- 
dertaken the  great  work  of  supplying  nurses  and  hospital  stores 
as  well  as  facilities  and  is,  therefore,  entitled  to  the  support  of 
the  people. 

WHEREAS,  the  President  of  the  United  States  has  pro- 
claimed the  week  beginning  June  eighteenth  Nineteen  hundred 
and  seventeen  as 

RED  CROSS  WEEK 


FOR  THE  YEAR  1917  451 

THEREFORE,  I  earnestly  request  that  the  people  gather 
in  our  cities  and  towns  and  undertake  the  work  of  collecting 
money  for  this  important  service,  and  I  trust  that  the  people 
will  fully  appreciate  the  important  undertaking  of  the  society, 
and  will  deal  with  it  in  a  liberal  spirit.  All  monies  collected 
should  be  forwarded  to  the  Red  Cross  Society  at  "Washington, 
D.  C. 

I  ask  the  press  to  give  this  proclamation,  and  any  other  mate- 
rial that  is  offered  in  behalf  of  the  Red  Cross  Society,  generous 
space  that  all  may  be  made  acquainted  with  the  necessities  of 
the  Society  and  its  mission,  so  that  each  and  every  citizen  will 
understand  it,  and  will  give  according  to  his  ability. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol,  in 
the  City  of  Madison,  this  twelfth  day  of  June, 
in  the  year  of  our  Lord,  one  thousand  nine 
hundred  and  seventeen. 
SEAL. 

EMANUEL  L.  PHILIPP, 
By  the  Governor:  Governor. 

MERLIN  HULL, 
Secretary  of  State. 


Labor  Day 

The  people,  through  their  legislative  bodies,  have  caused  the 
enactment  of  laws  which  set  aside  a  day  each  year  when  all  in- 
dustry shall  cease,  in  order  that  the  people  may  have  an  oppor- 
tunity to  give  expression  of  their  appreciation  of  those  who  toil 
and  have  made  the  mighty  progress  of  our  country  possible. 

It  is  fitting  that  this  be  done  in  order  that  all  will  realize 
that  in  this  country  there  is  but  one  class  of  citizens  and  that 
we  are  dependent  upon  one  another  for  our  peace  and  prosper- 
ity. 

At  present  our  country  is  involved  in  war  and  in  order  to 
succeed!  a  great  army  must  be  organized  and  sent  abroad,  in- 
dustry must  be  maintained  at  home  in  order  to  support  our 
soldiers  as  well  as  our  civilian  citizens.  These  two  great  tasks 
will,  to  a  large  extent,  devolve  upon  labor  because  it  consti- 
tutes the  greater  part  of  our  citizenry. 


452  PKOCLAMATIONS 

For  the  work  done  and  to  be  done  labor  is  entitled  to  our 
thoughtful  consideration,  and  it  should  be  our  desire  that  every 
man  and  woman  who  toils  shall  be  fairly  rewarded  and  that 
we  do  all  things  that  are  helpful  to  make  the  burden  that  labor 
carries  as  light  as  possible,  to  the  end  that  all  may  feel  that 
there  is  a  wholesome  cooperation  in  our  efforts  to  accomplish 
the  great  task  before  us. 

THEREFORE,  I,  Emanuel  L.  Philipp,  Governor  of  Wiscon- 
sin, do  designate  Monday,  September  third,  1917, 

LABOR  DAY 

and  request  that  the  citizens  of  this  state  observe  the  day  in  a 
fitting  manner  and  that  they  will  give  expression  to  the  respect 
in  which  labor  is  held  and  show  the  regard  that  is  due  to  those 
who  must  assume  the  greater  part  of  our  country's  burden. 
IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.     Done  at  the  Capitol,  in 
the  City  of  Madison,  this  thirieth  day  of  Au- 
gust, A.  D.,  1917. 
SEAL. 

(Signed) 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor: 
MERLIN  HULL, 
Secretary  of  State, 


Fire  Prevention  Day 

In  this  crisis  of  the  Nation's  life,  the  question  of  conserving 
our  resources,  both  natural  and  otherwise,  is  of  vital  importance. 
While  the  naval  and  military  forces  of  the  land  are  defending 
liberty,  democracy  and  national  existence,  and  in  doing  so  sac- 
rificing their  lives  and  substance,  it  is  meet  and  necessary  to 
call  the  attention  of  all  to  the  unnecessary  loss  of  lives  and  prop- 
erty at  home,  which  the  state  and  nation  can  ill  afford  at  the 
present  time. 

The  annual  report  of  the  state  Fire  Marshal  for  the  year 
1916,  shows  a  fire  loss  for  that  year  of  nearly  six  million  dol- 
lars, $494,415.00  a  month,  and  $16,254.74  a  day.  Statistics  fur- 
ther show  many  injuries  and  lives  lost  in  fires. 


FOR  THE  YEAR  1917  453 

P'urther,  the  industrial  expansion  due  to  the  war  has  increased 
the  number  of  employes,  and  especially  those  without  experi- 
ence, and  has  speeded  up  men  and  machines.  In  the  fever  to 
produce,  both  employers  and  employees  have  forgotten  safety 
cautions  and  movements,  so  industrial  accidents  have  increased. 

Not  the  conservation  of  resources  and  the  safety  and  protec- 
tion of  workmen  has  become  a  national  necessity  and  a  patri- 
otic duty  of  all. 

NOW  THEREFORE,  I,  Emanuel  L.  Philipp,  Governor  of 
the  State  of  Wisconsin,  in  view  of  these  facts,  and  to  the  end 
of  arousing  our  people  to  the  great  need  of  conserving  property 
and  protecting  lives,  do  hereby  proclaim,  Tuesday,  October  9th, 
1917, 

FIRE  AND  ACCIDENT  PREVENTION  DAY 
and  urge  that  it  be  observed  in  schools,  in  public  meetings  and 
safety  councils  and  in  such  other  ways  as  may  be  deemed  suit- 
able. 

It  is  recommended  that  Mayors'  of  cities  throughout  the  State 
issue  their  proclamation,  urging  a  general  cleaning  up  of  all 
combustible  waste  materials  in  buildings,  alleys,  yards  and  prem- 
ises, and  the  inspection  and  repair  of  chimneys,  flues,  stores,  fur- 
naces and  boilers,  the  careful  inspection  of  hotels,  theatres,  asy- 
lums, factories,  schools  and  other  public  buildings,  with  a  view 
of  correcting  all  life  and  fire  hazards  in  them. 

Let  all  local  authorities  give  attention  to  better  and  safer 
building  construction,  stricter  adherence  to  building  codes  and 
regulations,  the  prevention  of  fires  and  accidents,  and  the  up- 
building of  the  fire  departments. 

Let  teachers  observe  the  state  law  requiring  monthly  fire  drills 
in  schools  and  point  on*-  to  their  scholars  the  many  causes  of 
fires  and  accidents. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.     Done  at  the  Capitol,  in 
the  city  of  Madison,  this  second  day  of  October, 
SEAL.  A.  D.  1917. 

(Signed) 

EMANUEL   L.   PHILIPP, 
By  the  Governor:  Governor. 

MERLIN  HULL, 
Secretary  of  State. 


454  PROCLAMATIONS 

Liberty  Day 

The  success  of  the  Liberty  Loan  is  so  vital  to  the  nation  that 
every  effort  must  be  made  to  call  the  attention  of  our  citizens 
to  the  fact  that  Liberty  Bonds  are  now  on  sale  and  that  the 
people  of  the  state  of  Wisconsin  must  as  a  patriotic  duty  pur- 
chase their  share  of  this  government  obligation. 

We  are  engaged  in  war.  Our  government  needs  the  money 
to  equip  our  army  and  navy.  Without  proper  financial  support 
our  army  cannot  defeat  the  enemy  on  land,  nor  can  the  navy 
protect  us  on  the  sea. 

Our  government  is  offering  the  people  a  good  security — in 
fact,  there  is  none  better.  The  bond  pays  four  per  cent  inter- 
est and  should  appeal  to  every  citizen  from  purely  an  invest- 
ment standpoint.  If  there  be  any  person  who  doubts  its  worth 
I  wish  to  remind  him  that  our  country  has  never  failed  to  pay 
its  obligations'  on  maturity,  and  if  the  time  ever  comes  when 
the  value  of  the  United  States  bond  becomes  impaired,  then 
all  other  property  will  be  of  doubtful  value. 

The  President  of  the  United  States  has  by  proclamation  ap- 
pointed Wednesday,  the  twenty-fourth  day  of  October,  as  Lib- 
erty Day  and  urges  and  advises  the  people  to  assemble  in  their 
respective)  communities  and  pledge  to  one  another  and  to  the 
government  that  represents  them  the  fullest  measure  of  finan- 
cial support,  and  directs  further  that  on  the  afternoon  of  that 
day  that  patriotic  meetings  be  held  in  every  city,  town  and  vil- 
lage throughout  the  land. 

THEREFORE,  I,  Emanuel  L.  Philipp,  Governor  of  the  State 
of  Wisconsin,  do  hereby  declare  Wednesday,  October  twenty- 
fourth,  1917, 

LIBERTY  DAY 

and  I  urge  the  people  to  comply  with  the  wishes  of  the  Presi- 
dent in  order  that  we  may  do  our  part  in  giving  the  necessary 
financial  aid  to  our  country.  The  money  which  the  government 
asks  for  is  for  the  purpose  of  carrying  on  our  war,  for  the  pro- 
tection of  our  country,  our  homes  and  our  people  and  I  shall 
look  forward  to  a  generous  response  to  this  appeal. 


FOR  THE  YEAR  1917  455 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol,  in 
the  City  of  Madison,  this  seventeenth  day  of 
October,  A.  D.,  1917. 
SEAL. 

(Signed) 

EMANUEL   L.   PHILIPP, 

Governor. 
By  the  Governor: 
MERLIN  HULL, 
Secretary  of  State. 


Food  Pledge  Week 

By  direction  of  the  President  and  the  National  Food  Direc- 
tor, Mr.  Herbert  Hoover,  the  people  of  this  Country  arc  re- 
quested that  beginning  October  twenty-eighth  and  ending  No- 
vember third,  1917,  they  lay  the  foundation  for  a  practical  con- 
servation of  food.  Such  rules  and  regulations  as  are  necessary 
will  from  time  to  time  be  promulgated  to  be  observed,  during 
the  period  of  the  War.  Our  fellow  citizen,  Mr.  Magnus  Swenson, 
whom  Mr.  Hoover  has  appointed  as  Food  Director  for  the 
State  of  Wisconsin,  acting  under  his  authority,  respectfully  re- 
quests that  the  people  of  the  State  of  Wisconsin  observe  the 
days  that  I  have  above  mentioned  as  a  Food  Pledge  Week.  In 
addition  to  the  observance  of  meatless  Tuesdays  and  wheatless 
Wednesdays  recently  established  in  Wisconsin,  and  more  recent- 
ly through  Wisconsin's  example  established  in  the  Nation,  the 
people  will  be  asked  to  sign  the  food  pledge  cards.  The  suggestion 
that  we  practice  every  reasonable  economy  in  the  use  of  food 
should  at  this  time  commend  itself  to  every  patriotic  citizen. 
We  must  feed  our  Army  and  our  Navy  and  contribute  as  much 
of  our  surplus  as  we  can  possibly  spare  to  our  Allies.  The 
European  countries  that  have  made  common  cause  with  us 
are  short  of  food.  A  large  part  of  the  male  population  of  those 
countries  are  non-producers  because  they  are  engaged  in  War, 
and  inasmuch  as  they  are  fighting  our  enemy  it  is  just  as  im- 
portant to  our  success  that  we  provide  their  soldiers  with  the 
necessary  food  to  keep  them  at  the  front.  We  must  not  forget 
that  every  soldier  of  the  Allies  who  becomes  exhausted  because 


456  PROCLAMATIONS 

of  lack  of  food  must  be  substituted  by  one  of  our  American  boys. 
It  then  becomes  a  question  of  either  furnishing  food  or  fur- 
nishing men,  and  I  feel  confident  that  when  our  people  under- 
stand our  real  necessities  in  this  respect}  they  will  be  glad  to 
forego  luxuries  and  divide  the  necessities  with  the  men  who 
are  defending  our  Country. 

Wisconsin  once  more  has  an  opportunity  to  demonstrate  its 
unquestioned  loyalty  and  to  add  thr?  weight  and  influence  of 
its  splendid  citizenship  to  this  national  food  conservation  cam- 
paign. By  eliminating  waste,  and  living  up  to  the  simple  pledge 
asked  by  the  food  administration,  we  shall  be  able  to  make  a 
larger  contribution  to  the  food  supply  of  the  Nation. 

THEREFORE,  I,  Emanuel  L.  Philipp,  Governor  of  Wiscon- 
sin hereby  urge  upon  the  people  of  this  State  the  necessity  and 
practicability  of  the  observance  of  Food  Pledge  Week.  I  ask 
that  every  citizen  assist  the  volunteers  who  will  give  their  time 
to  this  work  in  Wisconsin,  and  that  a  representative  of  every 
home  sign  the  food  pledge  card.  I  ask,  further,  that  these 
cards  be  signed  in  the  proper  spirit,  and  with  the  determina- 
tion to  keep  that  pledge  during  the  months  to  come,  for  the 
observance  and  application  of  the  promises  made  will  be  the 
test  of  this  food  conservation  plan. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
.  consin  to  be  affixed.     Done  at  the  Capitol,  in 

the  City  of  Madison,  tliis  twenty-seventh  day 
of  October,  A.  D.,  1917. 
SEAL. 

(Signed) 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor: 
MERLIN  HULL, 
Secretary  of  State. 


Thanksgiving  Day 

We  have  reached  the  season  of  the  year  when  the  people  of 
our  state  and  nation  have  gathered  their  crops  and  nature  is 
preparing  herself  for  winter.  The  soil  yielded  sufficient  food 
for  our  own  people  and  a  surplus  that  we  may  give  to  the  peo- 


FOR  THE  YEAR  1917  457 

pie  of  other  countries  who  do  not  produce  enough  for  their 
needs.  Throughout  the  year  there  has  been  an  abundance  of 
work  at  good  wages  for  our  laboring  men;  our  industries  have 
prospered,  and  in  so  far  as  the  domestic  affairs  of  our  state 
and  nation  are  concerned,  nothing  has  transpired  to  disturb 
seriously  the  public  mind. 

Mingled  with  these  blessings  there  has  come  to  us,  within 
the  last  year,  the  responsibility  of  doing  our  part  in  the  great 
world  war,  the  end  of  which  is  not  yet  in  sight. 

To  meet  this  obligation  in  a  manner  that  will  reflect  credit 
upon  our  people  of  this  generation  it  is  imperative  that  we 
place  the  flower  of  our  young  manhood  and  all  our  treasures 
at  the  disposal  of  our  government,  if  that  be  necessary  to  insure 
success.  Our  people  have  thus  far  responded  to  the  calls  of  the 
government  in  a  prompt  and>  generous  manner,  thereby  dem- 
onstrating their  love  for  our  country  and  its  institutions,  and 
their  willingness  to  make  an  unselfish  sacrifice  for  the  good  of 
humanity. 

Let  us  this;  day  resolve  to  continue  our  generous  cooperation 
and  to  devote  all  our  energies  to  the  successful  prosecution  of 
the  war,  in  the  faith  that  He  who  guides  the  destinies  of 
nations  will  direct  us  and  permit  us  promptly  to  put  an  end 
to  the  great  calamity  that  has  come  to  the  peoples  of  earth. 
As  a  nation  we  shall  be  richly  compensated  by  the  fact  that 
the  world  knows  that  this  great  sacrifice  which  we  are  making 
is  being  made  to  secure  a  new  freedom  for  the  peoples  of  Eu- 
rope. This  freedom  will  establish  a  lasting  peace  in  the  world 
and  will  give  to  them  and  to  us  greater  security  of  life  by  re 
lieving  them  of  the  oppressions  and  cost  of  militarism  and  us 
of  its  menace.  This  will  indeed  be  a  generous  gift  to  all  man- 
kind. 

Our  soldiers  and  sailors  who  are  serving  our  country  should 
be  remembered  in  our  devotions.  May  God  give  them  that  in- 
spiration that  men  need  for  success,  in  order  that  they  may  by 
gallant  service  spread  new  glory  upon  the  pages  of  American 
history. 

Therefore,  I,  Emanuel  L.  Philipp,  Governor  of  the  State  of 
Wisconsin,  do  hereby  designate  and  appoint  Thursday,  the 
twenty-ninth  day  of  November,  the  day  set  apart  by  the  Presi- 
dent of  the  United  States,  as 

THANKSGIVING  DAY 


458  PROCLAMATIONS 

and  I  recommend  that  our  people  meet  on  that  day  in  their 
accustomed  places  of  worship  and  acknowledge  their  indebted- 
ness to  God  for  the  favors  that  have  come  to  us  during  the  past 
year  and  for  His  guidance  in  the  great  task  that  our  country 
has  undertaken. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol,  in 
the  City  of  Madison,  this  twenty-first  day  of 
November,  in  the  year  of  our  Lord,  one  thou- 
sand nine  hundred  and  seventeen. 
SEAL. 

(Signed) 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor : 
MERLIN  HULL, 
Secretary  of  State. 


Red  Cross  Week,  December  16th  to  24th 

Christmas  is  almost  here  with  its  message  of  love  and  sym- 
pathy and  of  hope  for  the  world.  It  is  fitting  that  at  Christmas 
time  there  should  go  out  to  the  people  of  this  Christian  state 
and  nation  an  appeal  for  the  Red  Cross. 

How  finely  appropriate  it  is  to  link  together  Christmas  and 
Red  Cross,  particularly  in  this  time  of  world  calamity !  And 
how  supremely  important  the  work  of  the  Red  Cross  is  now ! 

The  spirit  of  the  Red  Cross  is  the  spirit  of  sympathy,  the  spirit 
of  service  and  the  spirit  of  mercy.  It  nurses  the  sick;  it  heals 
the  wounded.  It  feeds  the  hungry;  it  clothes  the  naked.  It 
cares  for  the  soldiers  and  sailors  on  duty.  It  furnishes  relief 
to  the  distressed  communities  and  provides  means  for  recon- 
struction. It  is  especially  interested  in  the  children  of  these 
communities  and  works  unceasingly  for  their  welfare.  It  fights 
distress  in  the  war  zone  and  at  home,  particularly  tuberculosis. 
Its  civilian  relief  for  the  families  of  soldiers  and  sailors  prevents 
distress  and  hardship.  It  organizes  hospital  units  and  then 
turns  them  over  to  the  Medical  Corps  fully  equipped  and  fully 
manned.  It  sends  millions  of  snirgical  dressings  to  our  men.  The 
Red  Cross  alleviates  the  horrors,  distress  and  casualties  of  war. 


FOR  THE  YEAH  1917  459 

It  brings  to  our  boys  words  of  cheer,  relief  from  pain  and  saves 
them  from  death  in  the  hour  of  direct  need.  It  is  an  important 
factor  in  hastening  the  day  of  victory  for  our  forces  by  keeping 
our  men  mentally  and  physically  fit. 

We  can  do  no  less  than  help  in  this  work.  We  must  saerifie3 
for  an  object  so  worthy. 

The  American  Red  Cross  is  calling  for  fifteen  million  members 
in  this  nation  and  for  three  hundred  seventy-five  thousand  and 
fifty-three  members  in  this  state  by  Christmas  Eve.  All  preced- 
ing appeals  to  this  state  have  been  loyally,  promptly  and  fully 
met.  We  will  not  fail  in  this.  We  can  do  what  is  asked.  We 
will  do  it. 

In  order,  therefore,  to  assist  the  Red  Cross  in  its  membership 
campaign,  I,  Edward  F.  Dithmar,  Lieutenant  Governor  and 
Acting  Governor  of  the  State  of  Wisconsin,  do  hereby  proclaim 
the  week  beginning  December  sixteenth  and  ending  December 
twenty-fourth  as  Red  Cross  membership  campaign  week.  I  call 
upon  every  man,  woman  and  child  of  the  state  to  help  Red  Cross 
go  "over  the  top"  with  the  required  number  of  members.  Wis- 
consin in  its  usually  effective  and  quiet  way  will  do  its  utmost 
for  the  nation,  and  its  response  to  this  call  of  duty  as  well  as 
of  mercy  will,  I  am  confident,  be  in  a  genuine  and  war  Christmas 
spirit. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol,  in 
the  City  of  Madison,  this  fifteenth  day  of  De- 
cem,  A.  D.,  1917. 
SEAL. 

(Signed) 

EDWARD  F.  DITHMAR, 
Lieutenant  Governor  and  Acting  Governor. 
By  the  Governor: 
MERLIN  HULL, 
Secretary  of  State. 


For  the  Conservation  of  Fuel 

WHEREAS,  the  Fuel  Administrator  of  the  United  States 
has  directed  that  a  large  number  of  factories  and  business  in- 
stitutions remain  closed  for  five  days,  and  thereafter  each  Mon- 
day for  ten  consecutive  weeks,  in  order  that  the  people  of  the 


460  PROCLAMATIONS 

country  may  conserve  fuel  and  at  the  same  time  relieve  our 
transportation  facilities,  so  as  to  give  the  railroads  and  steam- 
ship lines  an  opportunity  to  better  serve  our  government  in  the 
transportation  of  those  commodities  necessary  for  the  success- 
ful conduct  of  the  war,  and 

WHEREAS,  It  is  the  duty  of  every  citizen  to  cheerfully  com- 
ply with  all  rules  and  regulations  promulgated  by  the  United 
States  Government, 

I,  therefore  recommend  a  full  compliance  with  the  order  of 
the  National  Fuel  Administrator  and  his  duly  authorized  agent, 
Mr.  W.  N.  Fitzgerald,  Fuel  Administrator  for  the  state  of 
Wisconsin,  who  represents  the  National  Government  in  the  ad- 
ministration of  the  order. 

A  full  and  faithful  compliance  with  the  demands  of  the  gov- 
ernment in  the  matter  above  stated  will  temporarily  throw 
many  people  out  of  employment  which  will  result  in  hardship, 
and  I  earnestly  request  that  the  welfare  of  all  factory  employes 
in  the  industrial  centers  who  are  affected  by  this  order  be  pro- 
tected and  that,  so  far  as  possible,  either  public  or  private  em- 
ployment be  furnished  them  to  enable  them  to  support  them- 
selves and  their  families  during  this  period  of  enforced  idle- 
ness. 

I  further  recommend  to  the  people  of  the  state  that  they  prac- 
tice every  reasonable  economy  and  particularly  do  I  recommend 
that  they  abstain  from  the  use  of  liquors  in  the  interest  of  econ- 
omy, and  I  appeal  to  those  who  are  engaged  in  the  sale  of  liquor 
that  they  close  their  places  of  business  during  the  four  days, 
January  nineteenth,  twentieth,  twenty-first  and  twenty-second. 

IN  WITNESS  WHEREOF,   I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  this  state  to  be 
affixed,  this  eighteenth  day  of  January,  A.  D. 
1918. 
SEAL. 

(Signed) 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor: 
MERLIN  HULL, 
Secretary  of  State. 


FOR  THE  YEAR  1918  461 

Convening  Special  Session  of  Legislature 
I,  Emanuel  L.  Philipp,  Governor  of  the  State  of  Wisconsin, 
under  and  by  virtue  of  Section  4  of  Article  V  of  the  Constitu- 
tion of  said  state,  which  provides  that  the  Governor  shall  have 
power  to  convene  the  legislature  on  extraordinary  occasions,  do 
issue  this,  my  proclamation,  to  convene  the  Legislature  of  said 
state,  at  the  seat  of  government  at  Madison,  on  the  nineteenth 
day  of  February,  A.  D.  1918,  at  two  o'clock  in  the  afternoon 
of  that  day,  to  consider  and  act  upon  the  following  subjects  of 
legislative  business,  towit: 

1.  To  pass  an  act  authorizing  the  state  to  borrow  money  to 
repel  invasion,  suppress  insurrection  and  defend  the  state  in 
time  of  war,  as  provided  by  section  7  of  Article  VIII  of  the 
Constitution  of  the  state  of  Wisconsin. 

2.  To  enact  drainage  legislation  and  to  amend  or  repeal  any 
of  the  drainage  laws. 

3.  To  amend  chapter  2  of  the  laws  of  Wisconsin  for  1916 
special  session,  entitled  "An  act  to  create  sections  11.69  to  11.82, 
inclusive,  of  the  statutes,  to  permit  electors  absent  on  account 
of  military  service  to  vote  at  general  and  certain  special  elec- 
tions. ' ' 

4.  To  pass  an  act  providing  for  the  filling  of  vacancies  in 
the  office  of  Senator  of  the  United  States  by  temporary  appoint- 
ment by  the  Governor,  until  the  next  succeeding  general  elec- 
tion. 

5.  To  amend  section  1636-48  of  the  statutes,  to  permit  auto- 
mobiles and  other  vehicles  to  be  run  over  the  highways  of  the 
state,  when  in  transit  from  the  manufacturer  to  the  dealer  un- 
der the  certificate  of  registration  and  license  issued  to  such  man- 
ufacturer or  dealer. 

6.  To  enact  such  legislation  as  will  permit  an  increase  in 
the  salaries  of  teachers  in  public  schools  in  cities  of  the  first 
class  during  the  period  of  the  war,  and  for  one  year  thereafter. 

7.  To  make  an  appropriation  to  the  Board  of  Regents  of  the 
Normal  Schools  to  enable  them  to  advance  the  wages  of  teach- 
ers in  said  schools  during  the  period  of  the  war,  and  for  one 
year  thereafter. 

8.  To  amend  sections  772-4  and  772-10  of  the  statutes,  relat- 
ing to  civil  service  in  counties  having  a  population  of  two  hun- 
dred thousand  or  more. 


462  PROCLAMATIONS 

9.  To   amend   the   statutes  relating  to  the   registration   of 
nurse.s. 

10.  To  repeal  section  1728a-ll  of  the  statutes. 

11.  To  amend  sections  1728p  to  1728za,  inclusive,  so  as  to 
make  the  same  apply  to  cities  of  the  second,  third  and  fourth 
classes. 

12.  To  enact  legislation  amending  the  charter  of  Northwest- 
ern College  at  Watertown,  Wisconsin. 

13.  To  amend  subsection  5  of  section  697-61  of  the  statutes, 
by  increasing  the  number  of  county  agricultural  representatives 
and  make  an  appropriation  therefor. 

14.  To  enact  legislation  to  permit  the  employment  of  pris- 
oners confined  in  the  Milwaukee  County  House  of  Correction 
outside  of  said  House  of  Correction  and  providing  penalties  for 
escape  when  so  employed. 

15.  To  enact  legislation  prohibiting  inciting  or  attempting 
to  incite  or  aiding  in  inciting  insurrection  or  sedition,  and  pro- 
hibiting the  teaching  or  advocating  of  disloyalty  to  the  national 
government  or  opposition  to  the  state  government,  and  prohibit- 
ing interfering  with  or  discouraging  preparation  for  national 
or  state  defense,  and  enacting  such  other  legislation  as  will  pro- 
tect our  citizens  during  time  of  war  and  providing  suitable  pun- 
ishments and  penalties  therefor. 

16.  To  amend  section  4607c  of  the  statutes,  so  as  to  permit 
the  manufacture  and  sale  of  skimmed  milk  cheese,  providing  the 
same  shall  be  made  in  form  or  forms  that  will  in  neither  ap- 
pearance nor  shape  imitate  or  resemble  full  cream  cheese. 

17.  To  amend  chapter  235  of  the  laws  of  1917. 

18.  To  provide  an  appropriation  to  complete  present  con- 
struction work  together  with  equipment  for  buildings  at  Union 
Grove. 

19.  To  amend  the  banking  law  so  as  to  enable  state  banks  to 
qualify  as  the  depositories  for  government  funds. 


FOR  THE  YEAR  1918  463 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol,  in 
the  City  of  Madison,  this  first  day  of  February, 
in  the  year  of  our  Lord,  one  thousand  nine 
hundred  and  eighteen. 
SEAL. 

(Signed) 

EMANUEL  L.  PHILIPP. 

Governor. 
By  the  Governor: 
MERLIN  HULL, 
Secretary  of  State. 


On  Purchase  of  War  Savings  Stamps 

In  times  of  peace,  thrift  and  economy  are  prime  virtues.  In 
times  of  war,  they  are  a  necessity.  A  great  thrift  campaign  has 
been  started  by  the  National  Government,  the  purpose  of  which 
is  to  interest  every  man,  woman  and  child  in  the  country  in  sav- 
ing, so  that  they  may  loan  to  the  government  in  this  critical 
hour. 

Our  country  is  calling!  No  individual  is  so  rich  or  so  poor 
that  he  sHould  not  join  this  movement. 

I  want  to  especially  urge  that  during  this  week,  every  man, 
woman  and  child,  so  far  as  possible,  purchase  from  a  postoffice, 
bank  or  other  agency,  not  less  than  one  Five  Dollar  United 
State  War  Savings  Stamp,  which  will  cost  $4.12  and  urge  at  the 
same  time  that  those  who  can,  purchase  more. 

In  this  manner,  if  all  will  do  their  part,  our  accummulated 
savings  can  be  a  tremendous  factor  in  financing  this  war  and 
helping  us  win  a  victory. 

I  want  to  urge  upon  the  school  boys  and  girls  the  advantage 
of  the  opportunity  that)  is  offered  them  to  help  their  govern- 
ment, for  these  thrift  stamps  can  be  purchased  in  denomina- 
tions of  twenty-five  cents,  and  if  each  boy  and  girl  in  the  nation 
will  buy  one,  it  will  help  to  put  our  soldiers  "over  the  top"  and 
bring  peace  to  this  war  stricken  world. 

I  wish  to  especially  interest  our  teachers  in  this  thrift  move- 
ment, and  ask  them  to  daily  remind  the  children  in  their  schools 
to  heed  the  call  of  the  government. 


464  PROCLAMATIONS 

The  lesson  that  will  be  taught  will  be  helpful  not  only  today, 
but  in  the  years  to  come,  and  I  particularly  want  to  commend 
the  hundreds  of  voluntary  workers  throughout  the  state  of  Wis- 
consin, who  will  engage  in  this  campaign,  and  hope  that  the  peo- 
ple of  Wisconsin  will  extend  to  them  their  hearty  cooperation. 
By  virtue  of  the  authority  in  me  vested,  and  in  the  interest 
of  the  great  National  War  Savings  Campaign,  ordered  by  the 
National  Government  I  hereby  designate  the  week  commencing 
February  3rd,  1918  as  "War  Savings  Week"  in  Wisconsin. 
IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.     Done  at  the  Capitol,  in 
the  City  of  Madison  this  second  day  of  Febru- 
ary, in  the  year  of  our  Lord,  one  thousand  nine 
hundred  and  eighteen. 
SEAL. 

(Signed) 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor: 
MERLIN  HULL, 
Secretary  of  State. 


On  Third  Liberty  Loan 

All  citizens  should  appreciate  that  our  country  is  engaged  in 
a  serious  war  and  that  it  is  necessary  to  raise  a  large  army.  We 
are  calling  the  flower  of  our  young  manhood  to  the  colors  to 
meet  this  requirement.  In  order  to  make  our  soldiers  effective 
we  must  give  them  the  proper  support.  They  require  food  and 
equipment — in  fact  all  things  that  are  necessary  to  properly 
maintain  a  soldier  in  the  field.  The  expenditures  of  the  gov- 
ernment for  these  purposes  are  necessarily  large. 

Saturday,  April  Sixth,  marks  the  first  anniversary  of  our 
country's  participation  in  the*  war.  Our  government  finds  it 
necessary  to  again  call  upon  the  people  for  their  cooperation 
in  the  purchase  of  bonds,  and  is  offering  the  Third  Liberty  Loan 
of  three  billion  dollars,  the  bond  to  bear  an  interest  rate  of  four 
and  one-quarter  per  cent  per  annum. 

I  call  upon  the  citizens  of  this  state  to  again  prove  their  patri- 
otism by  purchasing  the  amount  set  aside  for  us  as  our  propor- 


FOR  THE  YEAR  1918  465 

tion  of  this  loan.  The  money  invested  in  these  bonds  is  in  no 
sense  a  gift  to  the  government.  It  is  an  investment.  The  se- 
curity given  is  the  very  best  that  the  people  can  find  for  an  in- 
vestment. Every  citizen  must  come  forward  and,  do  his  part. 
We  must  give  the  soldiers  who  have  gone  to  France  and  those 
who  are  yet  to  go  the  assurance  they  they  will  receive  the  uni- 
ted support  of  their  countrymen  and  that  we  stand  ready  to 
make  any  sacrifice  that  is  necessary  for  their  encouragement. 

It  will  be  helpful  if  an  announcement  of  this  bond  sale  by 
the  government  be  made  in  all  public  places  where  people  as- 
semble, and  I  suggest  that  Sunday,  April  Seventh,  shall  be  known 
as 

PATRIOTS'  DAY 

and  that  ministers  call  the  attention  of  their  respective  congre- 
gations to  this  call  for  the  cause  of  the  war  and  urge  the  people 
to  respond  in  a  generous  manner. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol,  in 
the  City  of  Madison,  this  fourth  day  of  April, 
in  the  year  of  our  Lord,  one  thousand  nine 
SEAL.  hundred  and  eighteen. 

(Signed) 

EMANUEL  L.  PHILIPP, 
By  the  Governor :  Governor. 

MERLIN  HULL, 
Secretary  of  State. 


On  Third  Liberty  Loan 

As  the  war  progresses  the  necessity  of  the  cooperation  of  all 
the  people  in  the  matter  of  providing  the  requirements  of  our 
soldiers  becomes  more  apparent.  Our  American  boys  are  daily 
leaving  for  the  battlefield  and  their  support,  as  well  as  the  sup- 
port of  our  allies,  makes  it  necessary  that  every  citizen  loan  as 
much  money  as  he  can  spare  to  the  United  States  Government, 
in  order  to  provide  the  treasury  with  sufficient  funds  to  meet 
the  large  expenditures. 

It  will  not  be  a  full  compliance  with  the  requirements  of  cit- 
izenship for  any  citizen  to  fail  to  do  his  duty  in  the  present 
emergency  in  the  affairs  of  our  country.  If  we  will  all  con- 


466  PROCLAMATIONS 

tribute  according  to  our  ability  to  pay  we  shall  be  able  to  fi- 
nance our  government  now  and  during  the  period  of  the  war. 
It  is  only  by  a  full  cooperation  of  all  of  our  people  that  we 
shall  be  able  to  do  this,  and  a  failure  to  provide  our  govern- 
ment with  the  necessary  funds  will  result  in  national  distaster. 

Our  government  is  now  engaged  in  the  sale  of  its  bonds  as 
authorized  by  act  of  Congress,  and  otherwise  known  as  the 
" Third  Liberty  Loan."  The  bonds  are  as  good  as  if  they  were 
secured  by  gold  deposit  and  bear  interest  at  the  rate  of  four 
and  one-quarter  per  cent  per  annum.  No  investor  should  be 
afraid  to  accept  them,  and  the  fact  that  they  are  sold  in  de- 
nominations as  low  as  fifty  dollars  offers  a  splendid  opportun- 
ity for  people  of  moderate  means  to  invest  their  savings  in  them. 

In  order  that  the  people  may  be  brought  together  for  the  pur- 
pose of  hearing  discussionsi  of  the  war  and  its  significance  to 
the  American  people,  and  for  the  further  reason  that  the  fi- 
nancial necessities  of  the  government  be  better  understood  nad 
in  that  way  facilitate  the  sale  of  Liberty  Bonds,  the  President 
of  the  United  States  has  proclaimed  Friday,  April  the  twenty- 
sixth,  as 

LIBERTY  DAY. 

For  the  reasons  set  forth  in  this  proclamation,  and  in  compli- 
ance with  the  President's  wishes,  I  recommend  the  general  ob- 
servance of  the  President's  proclamation,  and  further  recom- 
mend that  all  schools  and  colleges  be  closed  at  noon  on  the  day 
mentioned,  and  that  all  stores  and  business  institutions  except- 
ing banks  be  closed  on  Friday  afternoon. 

I  hereby  direct  that  the  Capitol  of  the  state  be  closed  at  twelve 
o'clock,  noon,  on  Friday,  April  twenty-sixth,  and  that  all  state 
employees  be  given  a  half  holiday  on  that  day. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol  in 
the  City  of  Madison,  this  twenty-third  day  of 
April,  in  the  year  of  our  Lord  one  thousand 
SEAL.  nine  hundred  and  eighteen. 

(Signed) 
By  the  Governor :  EMANUEL  L.  PHILIPP, 

MERLIN  HULL,  Governor. 

Secretary  of  State. 


FOR  THE  YEAR  1918  467 

Arbor  and  Bird  Day 

Nature,  always  peaceful,  always  beautiful,  again  reminds  us 
of  the  approach  of  springtime.  The  trees  are  budding,  the  flow- 
ers are  coming  forth  and  the  birds  are  straining  their  sweet 
voices  in  their  effort  to  please  us  with  their  song. 

Let  us  give  expression  of  our  gratitude  for  these  beautiful 
creations  by  planting  a  tree  in  some  place  where  a  mighty  oak 
has  fallen  or  a  shrub  for  one  that  has  withered  for  want  of 
care,  to  the  end  that  beautiful  trees  and  shrubs  shall  not  grow 
less  and  the  bird  homes  shall  not  be  destroyed. 

May  I  be  permitted  to  recommend  to  you,  good  people  of  Wis- 
consin, that  this  year  when  our  country  is  engaged  in  a  great 
war  and  we  must  give  our  s'ons  to  it  that  you  plant  an  abundance 
of  flowers  ?  They  will  aid  in  dispelling  the  gloom  or  feelings  of 
lonesomeness  because  of  the  absent  ones,  and  for  each  son  who 
goes  to  war  let  all  who  can  plant  a  beautiful  young  tree  to  com- 
memorate his  going. 

In  accordance,  therefore,  with  established  law  and  custom,  I, 
Emanuel  L.  Philipp,  Governor  of  the  State  of  Wisconsin,  do 
hereby  proclaim  Friday,  the  third  of  May,  1918, 

ARBOR  AND  BIRD  DAY 

And  I  recommend  that  the  day  be  observed  by  the  planting 
of  trees,  the  adornment  of  school  and  public  grounds  and  by 
the  holding  of  appropriate  exercises  in  all  the  schools  of  the 
state,  to  the  end  that  the  greatest  possible  advancement  may  be 
attained  in  harmony  with  the  spirit  of  this  proclamation. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol  in 
the  City  of  Madison,  this  twenty-fifth  day  of 
April,  in.  the  year  of  our  Lord,  one  thousand 
SEAL.  nine  hundred  and  eighteen. 

(Signed) 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor: 
MERLIN  HULL, 
Secretary  of  State. 


468  PKOCLAMATIONS 

Thrift  Stamp  Day. 

In  order  to  insure  the  success  of  our  army  in  the  great  world 
war  and  enable  our  soldiers  to  bring  back  the  American  flag 
with  new  honors  and  furnish  another  bright  page  in  American 
history  it  is  necessary  that  we  meet  all  the  requirements  of  the 
army,  and  also  those  of  our  allies  who  are  fighting  with  our  own 
brave  boys  to  defeat  our  enemy. 

Vast  sums  of  money  have  been  expended  in  necessary  pre- 
paration and,  if  the  war  continues,  no  doubt  still  larger  sums 
will  be  required.  Large  as  these  amounts  may  seem,  there  is 
no  cost  that  is  too  high  to  save  our  country,  our  government 
and  its  institutions.  A  constant  stream  of  money  to  the  treasury 
must  be  maintained  to  meet  our  necessary  expenditures,  and  for 
that  we  cannot  depend  upon  large  contributions  alone.  The 
small  savings  of  the  people  must  be  relied  upon  to  aid  in  securing 
what  we  must  now  provide. 

Our  government  is  now  seeking  to  borrow  the  small  sums  that 
are  in  the  hands  of  our  children,  in  addition  to  the  larger 
amounts  that  can  be  contributed  by  the  people  of  greater  means, 
and  for  that  purpose  is  offering  for  sale  Thrift  Stamps  which 
can  be  obtained  in  suras  as  low  as  twenty-five  cents.  Nearly 
every  person  can  afford  to  forego  something  for  the  sake  of  the 
success  of  the  war  that  will  enable  him  to  contribute  at  least 
twenty-five  cents,  the  cost  of  one  stamp.  Greater  sums  can  be 
spared  by  many  without  inconvenience,  and  I  therefore  appeal  to 
the  people  of  Wisconsin  to  be  liberal  patrons  at  the  Thrift 
Stamp  sale,  and  I  recommend  that  Saturday,  the  eleventh  day  of 
May,  1918,  shall  be  observed  as 

THRIFT  STAMP  DAY 

and  I  further  recommend  that  at  banks,  stores  and  other  places 
of  business  each  and  every  customer  be  requested  to  purchase 
at  least  one  Thrift  Stamp.  The  sacrifice  that  will  be  made  by 
each  individual  purchaser  will  be  comparatively  small,  however, 
in  the  aggregate  the  amount  of  money  that  can  be  raised  in 
this  manner  will  reach  a  large  sum  and  will  substantially  aid  our 
government  in  prosecuting  the  war,  which  must  be  brought  to 
a  successful  conclusion  to  save  our  country  and  our  homes. 


FOR  THE  YEAR  1918  469 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol  in 
the  City  of  Madison,  this  eighth  day  of  May, 
in  the  year  of  our  Lord,  one  thousand  nine 
hundred  and  eighteen. 
SEAL. 

(Signed) 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor: 
MERLIN  HULL, 
Secretary  of  State. 


Red  Cross  Week 

The  duty  of  caring  for  our  sick  and  wounded  soldiers  and 
the  alleviation  of  suffering  among  the  fighting  forces  and 
civilian  population  of  our  allied  countries'  has,  by  our  govern- 
ment, been  placed  upon  the  American  Red  Cross  Society. 
During  the  year  1917,  the  American  people  generously  con- 
tributed a  large  sum  of  money  for  this  purpose.  The  Presi- 
dent advises  us  by  proclamation  that  this  sum  is  nearly  ex- 
hausted and  that  another  collection  must  be  made  in  order  to 
secure  the  means  with  which  to  keep  up  this  work  of  mercy. 

The  American  people  have  fairly  earned  their  reputation  of 
being  generous,  and  their  hearts  are  easily  touched  by  ap- 
peals for  the  relief  of  suffering  humanity — it  matters  not 
where  the  appeal  comes  from.  Now,  our  own  brave  boys 
must  be  cared  for  and  as  a  humane  people  we  can  do  no  less 
than  give  proper  care  to  those  who  have  fallen  upon  the  battle- 
field, regardless  of  the  army  or  country  to  which  they  belong. 
We  should  liberally  support  those  splendid  women,  the  Red 
Cross  Nurses,  who  are  being  sent  to  the  battlefields  to  aid  in 
the  care  of  our  fallen  heroes  and  I  make  this*  appeal  to  the 
people  of  Wisconsin  for  a  liberal  contribution  to  the  Red 
Cross  Society. 

I  hope  that  no  citizen  will  feel  burdened  because  the  de- 
mands for  funds  are  frequent.  We  must  appreciate  that  we  are 
at  war  and  the  cost  of  maintaining  the  institutions  is  neces- 
sarily large.  However,  no  cost  can  be  so  great  as  would  be 


470  PROCLAMATIONS 

the  cost  of  the  loss  of  liberty  to  the  world,  and  in  this  case 
it  is  our  plain  duty  to  make  liberal  provision  for  our  soldier 
boys  whom  we  have  sent  to  the  battle-line  to  defend  us,  and 
our  allies  who  are  fighting  our  fight  with  them. 

NOW,  THEREFORE,  I,  Emanuel  L.  Philipp,  Governor  of 
the  State  of  Wisconsin,  in  view  of  the  above  facts,  and  in 
conformity  with  the  proclamation  by  the  President  of  the 
United  States,  do  hereby  proclaim  the  week  beginning  May 
twentieth,  1918,  as' 

RED  CROSS  WEEK 

during  which  money  will  be  solicited  by  the  agents  of  the 
American  Red  Cross  Society  to  secure  funds  to  carry  on  the 
work  of  that  necessary  institution,  to  alleviate  the  suffering 
of  the  soldiers  and  civilians  whom  the  misfortunes  of  war 
have  made  helpless. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol  in 
the  City  of  Madison,  this  eleventh  day  of  May, 
A.  D.,  1918. 
SEAL. 

(Signed) 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor: 
MERLIN  HULL, 
Secretary  of  State. 


Registration  Day 

The  President  of  the  United  States  has,  pursuant  to  law,  de- 
clared June  5,  1918,  as  Registration  Day  under  the  Selective 
Service  Law  for  all  male  persons  who  have  attained  the  age  of 
twenty-one  years  since  June  5,  1917. 

The  obligation  to  register  is  placed  on  all  such  male  persons 
in  the  United  States  on  June  5,  1918,  whether  citizens  of  the 
United  States,  persons  who  have  taken  out  their  first  papers 
only,  or  aliens.  Persons  in  the  military  or  naval  service  of  the 
United  States  are  not  required  to  register  while  they  remain 
in  such  military  or  naval  service,  but  are  required  to  register 
immediately  upon  leaving  it. 


FOR  THE  YEAR  1918  471 

The  place  of  registration  is  ordinarily  the  office  of  the  local 
Board  having  jurisdiction  of  the  area  wherein  the  persons 
required  to  register  permanently  reside.  Within  the  jurisdic- 
tion of  the  Local  Board  having  an  extensive  area  or  poor  rail 
road  connections,  additional  places  of  registration  will  be  estab- 
lished, and  these  will  be  announced  in  the  public  press. 

Persons  who  are  likely  to  be  absent  from  their  homes  on  June 
fifth  and  who  cannot  register  with  the  Local  Board  having  juris- 
diction over  their  places  of  residence  should  present  themselves 
at  the(  earliest  possible  moment  to  any  Local  Board  wherever 
they  may  be.  This  Local  Board  will  furnish  such  persons  regis- 
tration cards,  and  certify  to  the  answers  made  on  such  cards. 
The  duty  is  placed  upon  such  persons  to  see  that  such  cards  are 
filed  with  the  proper  Local  Board.  This  should  preferably  be 
done  by  registered  mail.  There  should  be  enclosed  with  the 
card  a  self-addressed,  stamped  envelope  in  order  that  a  rcgis 
tration  certificate  may  be  issued  to  the  persons  registering. 

Special  provisions  have  been  made  to  register  the  sick. 

Male  persons  of  the  designated  age  who,  on  account  of  absence 
at  sea,  or  on  account  of  absence  without  the  territorial  limits 
of  the  United  States,  may  be  unable  to  register  as  absentees  will, 
within  five  days  after  reaching  the  first  United  States  port, 
register  with  his  proper  Local  Board  or  as  provided  for  other 
absentees. 

The  places  of  registration  are  required  to  be  open  between 
the  hours  of  7  A.  M.  and  9  P.  M.  on,  June  fifth  next.  But 
though  the  offices  will  be  open  during  these  hours,  it  is  con- 
fidently expected  that  the  registration  may  be  completed  in 
this  state  before  two  o'clock  in  the  afternoon.  Every  patriotic 
agency  and  all  good  citizens  will  cooperate  with  us  in  securing  a 
complete  registration  early  on  June  fifth. 

Wisconsin  was  the  first  state  in  the  Union  to  report  its  regis- 
tration returns  to  Washington  last  year.  This  report  reached 
the  Provost  Marshal  General  four  hours  before  the  report  of 
the  District  of  Columbia.  It  was  a  splendid  illustration  of  the 
willingness  of  the  citizens  of  this  state  to  pull  together,  for  a 
national  purpose.  It  was  only  a  beginning  of  the  splendid  serv- 
ice citizens  everywhere  in  thd  state  have  given  to  the  national 
government.  I  am  confident  that  we  can  do  again  this  year 
what  was  done  last  year. 


472  PROCLAMATIONS 

I  call  upon  all  persons  now  administering  the  draft,  all  public 
officials,  all  good  citizens,  and  particularly  the  newspapers  of 
the  state,  to  cooperate  in  this  great  common  enterprise. 

I  call  upon  all  citizens  who  are  willing  to  act  as  registrars  on 
June  fifth  to  offer  their  services  to  their  own  Local  Board. 

When  these  twenty-five  thousand  men  of  the  designated  age 
present  themselves  for  registration  on  America's  roll  for  the 
cause  of  humanity  and  dedicate  themselves  to  their  country  and 
the  civilization  of  the  world,  let  us  all  rededicate  ourselves  to 
the  great  cause  to  which  the  President  of  the  United  States,  our 
Commander-in-Chief,  has  offered  all  our  resources,  human  and 
economic. 

In  conformity  with  the  Proclamation  of  the  President  of  the 
United  States,  I,  Emanuel  L.  Philipp,  Governor  of  the  State 
of  Wisconsin,  do  hereby  designate  and  appoint  the  fifth  day  of 
June,  nineteen  hundred  eighteen  as 

REGISTRATION  DAY 

and  I  call  upon  all  persons  of  the  designated  agd  to  present 
themselves  on  this  day  at  the  proper  office  of  registration  to 
enroll  themselves  for  such  military  or  other  service  as  the  con 
stituted  authorities  may  determine,  and  I  urge  upon  all  good 
citizens  that  the  day  be  fittingly  celebrated;  that  the  business 
interests  of  the  state  will  give  the  young  men  who  are  required 
to  register  every  opportunity  to  do  so;  and  that  flags  be  dis- 
played on  public  buildings  and  private  homes  on  this  day  of 
dedication. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol  in 
the  City  of  Madison  this  twenty-fourth  day 
of  May,  in  the  year  of  our  Lord,  one  thousand 
SEAL.  nine  hundred  and  eighteen. 

(Signed) 

EMANUEL  L.  PHILIPP, 
By  the  Governor :  Governor. 

MERLIN  HULL, 
Secretary  of  State. 

Memorial  Day 

In  grateful  remembrance  of  the  patriotic  men   and  women 
who  gave  their  services  to  our  country  and  the  cause  of  freedom 


FOR  THE  YEAR  1918  473 

during  the  Civil  War,  the  people,  through  their  legislative 
bodies,  have  declared  that  one  day  each  year  shall  be  observed 
as  Memorial  Day  in  their  honor. 

It  is  an  American  custom  well  observed  to  devote  this  day  to 
patriotic  services,  and  to  otherwise  honor  the  living  and  the  dead 
of  the  great  army  of  the  sixties  which  in  its  time  was  the  hope 
of  the  Nation. 

The  ideals  that  this  great  army  of  patriots  fought  for  and 
established  for  us  are  again  assailed  and  this  year  finds  us  en- 
gaged in  a  great  world  war,  fighting  for  our  own  political  exist- 
ence and  the  permanent  peace  of  the  world. 

It  is,  therefore,  fitting  that  we,  in  addition  to  our  usual 
devotions,  on  this  day  direct  our  thoughts  to  the  critical  situa- 
tion that  we  are  in  and  that  we  resolve  to  devote  our  lives  and 
our  treasures  to  the  task  of  winning  the  war. 

The  President  of  the  United  States,  has,  by  proclamation,  rec- 
ommended that  Thursday,  the  thirtieth  day  of  May,  shall  be 
observed  as  Decoration  Day.  He  recommends  that  it  be  a  day 
of  public  humiliation  prayer  and  fasting,  and  exhorts  his  fellow- 
citizens  of  all  faiths  and  creeds  to  assemble  in  their  several  places 
of  worship  and  there,  as  well  as  in  their  homes,  to  pray  to  Al- 
mighty God  that  He  may  forgive  us  our  sins  and  shortcomings 
as  a  people,  and  purify  our  hearts  to  see  and  love  the  truth  and 
accept  and  defend  all  things  that  are  justly  right,  beseeching 
Him  that  He  will  give  victory  to  our  army  as  they  fight  for 
freedom. 

THEREFORE,  I,  Emanuel  L.  Philipp,  Governor  of  the  State 
of  Wisconsin,  do  hereby  declare  Thursday,  May  Thirtieth,  as 

MEMORIAL  DAY 

and  I  recommend  that  the  people  observe  this  day  as  herein 
suggested,  and  I   call  especial  attention   to  the   words  of  the 
President  and  advise  our  people  to  follow  his  recommendations. 
IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.     Done  at  the  Capitol  in 
the  City  of  Madison,  this  27th  day  of  May,  A. 
SEAL.  D..  1918. 

(Signed)      EMANUEL  L.  PHILIPP, 
By  the  Governor :  Governor. 

MERLIN  HULL, 
Secretary  of  State. 


474  PROCLAMATIONS 

On  Sale  of  Thrift  Stamps 

The  stirring  Memorial  Day  appeal  of  President  Wilson  calls 
attention  to  the  needs  of  our  country  in  the  present  great  world 
war.  It  is  an  appeal  to  the  people  of  the  United  States  for 
hearty  cooperation  in  all  things  needed  to  win  the  war. 

The  people  of  Wisconsin  have  thus  far  been  most  generous 
in  their  responses  to  the  calls  of  the  government.  Our  young 
men  of  military  age  are  joining  the  ranks  of  the  army  with  a 
spirit  of  enthusiasm  that  gives  assurance  that  they  will  do  their 
part  as  soldiers.  In  our  prompt  and  liberal  contributions  of 
money  and  service  this  state  is  winning  the  admiration  of  the 
people  of  our  country.  The  sacrifices  that  we  have  thus  far 
made  will  add  a  brilliant  page  to  Wisconsin's  war  history. 

However,  the  end  of  the  war  is  not  yet  in  sight,  and  the 
splendid  efforts  that  we  have  made  in  the  past  must  continue. 
To  meet  the  enormous  expenditures  that  are  necessary  to  assure 
success,  we  must  learn  to  regard  thrift  as  a  virtue  that  all  must 
practice.  We  can  well  afford  to  forego  luxuries  in  order  that  we 
may  save  our  earnings  and  loan  them  to  the  government  to  meet 
the  expenditures  necessary  to  carry  on  the  war.  Those  who  can 
give  but  small  amounts  are  doing  their  "bit."  The  savings  of 
our  children,  the  working  boys  and  the  working  girls,  and  the 
great  army  of  wage  earners,  both  men  and  women,  if  invested  in 
government  loans  will,  in  the  aggregate,  amount  to  large  sums 
and  will  be  a  substantial  aid. 

In  order  to  give  all  an  opportunity  to  show  their  interest  in 
our  country  and  its  welfare,  the  government  is  offering  Thrift 
Stamps  for  sale,  the  value  of  which  has  been  well  advertised 
and  is  understood.  The  allotment  to  this  stsate  of  this  class  of 
security  is  fifty-one  million  dollars.  Our  people  have  thus  far, 
by  their  liberal  subscriptions,  regularly  exceeded  the  amounts 
allotted  to  the  state  and  I  sincerely  hope  that  in  this  collection 
the  state  will  again  meet  the  expectations  of  the  government. 

On  June  twenty-eighth  there  will  be  meetings  held  in  every 
schoolhouse  in  our  state,  and  I  earnestly  request  that  the  people 
attend  these  meetings  and  pledge  themselves  to  purchase  such 
amounts  of  these  securities  that  our  quota  may  be  secured  and 
that  we  may  again  be  able  to  send  work  to  our  sons  "over  there" 
that  our  people  are  meeting  every  requirement  of  the  war. 


FOR  THE  YEAR  1918  475 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol  in 
the  City  of  Madison  this  seventh  day  of  June, 
in  the  year  of  our  Lord,  one  thousand  nine 
hundred  and  eighteen. 
SEAL. 

(Signed) 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor: 
MERLIN  HULL, 
Secretary  of  State. 


Flag  Day 

I  wish  to  remind  the  people  of  Wisconsin  that  June  four- 
teenth is  the  anniversary  of  the  birth  of  the  American  flag.  It 
was  adopted  by  an  act  of  Congress  June  fourteenth,  1777,  and 
marked  the  beginning  of  a  new  nation. 

In  the  one  hundred  forty-one  years  of  its  existence  it  has  not 
failed  humanity  and  has  brought  under  its  dominion  a  mighty 
nation  that  commands  the  respect  of  the  civilized  world. 

This  free  government  which  our  fathers  established  for  us  is 
again  in  danger  and  this  time  it  is  threatened  by  a  foreign  foe. 
We  are  engaged  in  a  great  war  with  a  European  military  au- 
tocracy, whose  ideals  are  antagonistic  to  every  principle  that 
this  great  American  Republic  stands  for.  At  no  time  since  the 
civil  war  has  it  been  so  necessary  for  our  people  to  rally  around 
our  National  Emblem  for  the  purpose  of  organizing  for  the  de- 
fense of  our  National  ideals,  our  country  and  our  homes. 

Our  people  must  not  underestimate  the  importance  and  the 
difficulties  of  our  undertaking,  nor  should  we  under  these  trying 
circumstances  neglect  even  the  small  details  of  our  duties  as 
citizens  of  our  beloved  country.  We  are  sending  forth  the  flower 
of  our  young  manhood  to  give  battle  to  our  enemy.  We  may 
well  trust  their  hearts  and  their  powers.  However,  we  should 
not  fall  into  the  error  of  believing  that  a  war  can.  be  carried  on 
successfully  by  our  soldiers  unaided  by  the  people  of  our  coun- 
try. We  who  are  permitted  to  remain  at  home  must  organize 
ourselves  into  one  great  army  to  aid  in  the  production  of  all 


476  PROCLAMATIONS 

things  that  are  necessary  to  support  our  army  and  our  allies. 
Every  person,  young  or  old  who  is  capable  of  performing  any 
kind  of  work  must  consider  himself  enlisted  in  the  great  Amer- 
ican army  of  production  to  back  up  the  soldiers  who  are  doing 
the  fighting. 

I  wish  to  again  remind  you,  fellow  citizens  of  Wisconsin,  that 
great  battles  will  not  be  won  with  empty  commissaries,  nor  can 
the  soldier  spare  any  of  his  necessary  equipment.  All  helpful 
industry  will  receive  its  reward.  The  man  on  the  farm  who  is 
producing  the  food,  and  the  man  in  the  shop  who  is  producing 
the  equipment  and  the  munitions;  the  good  women  who  are  de- 
voting their  time  and  giving  their  labor  to  the  work  of  the  Red 
Cross  and  kindred  activities;  the  professional  and  business  men 
who  are  giving  their  time  to  the  organization  of  the  work — in 
fact,  all  men  and  women  who  are  engaged  in  the  great  organiza- 
tion of  industry  and  in  some  capacity  give  aid  to  our  army,  are 
properly  classed  among  America's  patriots.  We  have  but  one 
kind  of  slacker  now  and  that  is  he  who  is  physically  able  but 
gives  neither  service  nor  money  to  his  country. 

Let  us  this  day  resolve  that  the  American  flag  shall  wave  over 
a  united  nation,  that  we  shall  stand  shoulder  to  shoulder  in  the 
defense  of  our  country,  that  we  shall  give  no  encouragement  to 
those  who  wish  to  breed  contentions  at  home,  that  we  stand 
ready  to  make  any  sacrifice  necessary  to  win  the  war  and  that 
we  will  accept  no  peace  terms  that  are  not  a  full  compliance  with 
the  American  purpose  in  the  war.  Let  us  fully  sustain  and  give 
our  confidence  to  the  President  of  the  United  States  and  his 
aides  upon  whom  rests  the  responsibility  for  the  success  of  the 
war,  and  finally,  let  us  prepare  ourselves  to  meet  our  losses  and 
temporary  reverses  with  courage.  All  these  promises  and  resolu- 
tions will  be  best  observed  if  made  under  the  American  flag. 

THEREFORE,  I,  Emanuel  L.  Philipp,  Governor  of  the  State 
of  Wisconsin,  hereby  designate  and  proclaim  Friday,  June  four- 
teenth, 1918, 

FLAG  DAY 

and  recommend  that  on  that  day  there  will  be  a  generous  display 
of  the  flags,  special  exercises  and  ceremonies  in  the  schools,  pub- 
lic and  private,  and  such  other  honors  to  the  flag  as  the  patriotic 
spirit  of  our  people  may  prompt. 


FOR  THE  YEAR  1918  477 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol  in 
the  City  of  Madison,  this  twelfth  day  of  June, 
in  the  year  of  our  Lord,  one  thousand  nine 
hundred  and  eighteen. 

(Signed) 
SEAL. 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor: 
MERLIN  HULL, 

Secretary  of  State. 


Soliciting  Help  For  the  Fatherless  Children  of  France 

Because  of  the  ravages  of  the  war  the  civilian  population  of 
France  has  been  submitted  to  great  suffering.  Her  women  and 
children  have  in  many  cases  lost  their  homes — in  fact  their  all — 
and  it  is  said  that  many  are  wanderers,  traveling  about  the 
country  living  on  charity.  Notwithstanding  this  depressing  sit- 
uation her  soldiers  are  fighting  bravely  with  our  own,  and  we 
have  reason  to  believe  that  she  will  continue  to  give  as  long  as 
she  has  a  soldier  to  offer. 

Through  an  organization  called  The  Fatherless  Children  of 
France,  of  which  General  Joffre  is  president,  an  arrangement 
has  been  made  under  which,  for  the  sum  of  $36.50  per  year,  a 
child  can  be  clothed  and  fed.  This  arrangement  was  made  for 
the  purpose  of  caring  for  those  children  particularly  whose 
fathers  have  been  killed  in  the  war  and  who  are  now  without 
support,  and  it  is  said  that  it  will  permit  the  French  mothers 
to  keep  their  children  at  home  where  they  may  themselves  care 
for  them. 

This  appeal,  coming  as  it  does  from  little  children,  will,  I  am 
sure,  reach  the  hearts  of  Wisconsin's  men  and  women — in  fact, 
of  all  Americans,  and  I  recommend  that  on  July  fourteenth, 
which  is  the  anniversary  of  the  fall  of  Bastille,  our  men,  women 
and  children  interest  themselves  in  a  collection  for  the  benefit 
of  the  children  of  France.  Gifts  of  any  size  may  be  sent  to  Mrs. 
Lawrence  Fitch,  chairman  of  the  Central  Committee  of  Eastern 
Wisconsin,  510  Back  Bay,  Milwaukee,  and  she  will  forward  the 


478  PKOCLAMATIONS 

total  sum  donated  to  the  French  officers  in  charge  of  this  charity 
which  is  headed  by  General  Joffre. 

I  also  recommend  that  on  that  day  the  French  colors  be  dis- 
played on  public  and  private  buildings  of  this  state  and  that  the 
Marsellaise  be  sung  or  played  as  generally  as  possible. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol  in 
the  City  of  Madison,  this  eleventh  day  of  July, 
A.  D.,  1918. 

(Signed) 
SEAL. 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor: 
MERLIN  HULL, 
Secretary  of  State. 


On  Labor  Situation 

Our  state  has  been  blessed  with  a  large  crop  of  grain.  It  is 
particularly  fortunate  now  that  this  is  true,  because  of  the  great 
need  for  bread  to  support  our  army  and  our  allies.  It  is  of 
first  importance  to  our  government,  and  to  the  cause  of  the  war, 
that  this  valuable  crop  be  promptly  and  economically  harvested. 

In  common  with  the  other  agricultural  states  of  the  northwest, 
there  is  a  great  shortage  of  labor  on  our  farms,  due  primarily  to 
the  fact  that  a  large  number  of  our  young  men  of  military  age 
have  gone  into  the  army  or  navy,  and  to  the  further  fact  that 
increased  numbers  are  employed  in  the  manufacture  of  essentials 
for  the  government. 

I  am  advised  by  the  Provost  Marshal  General  that  military 
necessities  compel  him  to  demand  that  every  man  who  has  been 
called  be  promptly  forwarded  to  the  military  camps  for  train- 
ing, and  that  he  cannot  now  grant  furloughs  or  defer  induction 
into  the  service  because  of  agricultural  necessities. 

The  situation  must  be  met  in  some  way,  and  I  feel  confident 
that  the  people  of  the  state,  who  are  not  engaged  in  farming 
will  be  willing  to  give  their  aid,  so  far  as  it  isi  possible,  in  har- 
vesting the  crop. 

To  meet  this  great  emergency,  I  call  upon  the  people  of  the 


FOR  THE  YEAR  1918  47D 

cities,  villages  and  towns  to  give  as  much  aid  to  our  farmers  as 
possible,  thereby  dividing  their  time  between  their  business  and 
the  farm,  wherever  such  service  is  necessary,  or  to  organize  the 
labor  that  can  possibly  be  spared  temporarily  and  offer  the  same 
to  the  State  Council  of  Defense  for  distribution  wherever  it  is 
most  needed. 

I  am  sure  that  much  can  be  accomplished  in  this  way,  and  I 
urge  upon  the  people  of  the  state  to  take  this  matter  up  in  earn- 
est, and  in  the  sense  that  it  is  in  compliance  with  our  patriotic 
duty  to  save  our  grain  from  ruin,  in  order  that  it  may  be  used 
to  feed  the  people  who  are  dependent  upon  us. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol  in 
this  City  of  Madison,  this  twenty-second  day  of 
July,  in  the  year  of  our  Lord,  one  thousand  and 
nine  hundred  and  eighteen. 
SEAL. 

(Signed) 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor: 
MERLIN  HULL, 
Secretary  of  State. 


Labor  Day 

The  press  reports  that  come  to  us  each  day  remind  us  that 
our  country  is  engaged  in  a  great  war,  and  that  the  future  life 
of  this  nation  depends  upon  its  outcome. 

The  work  of  our  army  and  navy  has  proven  to  be  splendid, 
as  has  the  cooperation  of  the  people.  In  our  own  state  the  result 
of  our  war  work  has  been  particularly  gratifying.  Every  re- 
quirement of  the  government  has  been  promptly  and  generously 
met;  our  young  manhood  has  responded  in  a  manner  that  be- 
speaks their  patriotic  sentiments.  They  have  come  from  the 
office,  the  counting  house,  the  shop  and  the  farm.  In  fact,  from 
every  walk  in  life.  And  nowhere  has  there  been  any  opposition 
to  military  service.  In  the  matter  of  material,  the  response  has 
been  generous ;  every  demand  for  money  has  been  oversubscribed, 


480  PROCLAMATIONS 

and  the  work  done  by  the  Red  Cross  and  similar  cooperative 
societies  has  been  most  generous. 

The  noble  women  of  the  state  have  come  forward  and  are  giv- 
ing their  assistance  in  all  things  in  which  they  can  aid  our 
soldiers.  For  all  this,  the  people  of  Wisconsin  have  earned  the 
reputation  which  is  now  freely  conceded  to  us  as  being  one  of 
the  foremost  commonwealths  of  the  United  States  in  the  matter 
of  substantial  support  of  the  war.  In  considering  the  results 
that  we  have  thusi  far  been  able  to  accomplish,  we  should  not  be 
unmindful  of  the  fact  that  when  war  was  declared,  our  country 
was  without  military  preparation.  We  had  practically  no  equip- 
ment with  which  to  carry  on  war  on  land  and  no  transports 
to  carry  soldiers  and  supplies  across  the  sea.  All  this  has  been 
furnished  in  a  little  more  than  a  year  and  a  half,  and  our 
achievements  in  this  respect  must  be  disappointing  to  our 
enemies.  For  all  this  we  are  indebted  to  the  splendid  coopera- 
tion that  has  been  given  by  the  labor  of  this  country.  The  prod- 
ucts of  the  factory  and  the  farm  have  made  it  possible  to  give 
the  necessary  aid  to  our  allies  and  to  transport  our  army  across 
the  sea,  properly  equipped  for  active  service. 

This  nation  is  indebted  to  its  mechanics  and  laborers  for  the 
splendid  work  they  have  done  and  for  the  fine  support  they  have 
shown  through  it  all.  We  may  feel  confident  that  this  splendid 
cooperation  will  continue  and  that  labor  will  continue  to  produce 
necessary  material  and  food  to  sustain  our  army  and  navy.  The 
necessity  of  the  hour  is  that  we  remain  united  as  one  great  pro- 
ductive organization,  and  with  this  assured,  we-  may  feel  con- 
fident that  no  power  on  earth  can  overwhelm  us. 

The  American  people  fully  appreciate  the  part  labor  is  taking 
in  the  support  of  the  war,  for  what  has  been  done,  and  for  what 
may  be  done  in  the  future,  they  will  be  ever  ;grateful.  The  men 
and  women  who  are  doing  the  work  in  the  country  have  come  to 
us  from  all  parts  of  the  earth.  The  generous  support  that  all 
the  people  are  giving  is  substantial  proof  of  the  fact  that  the 
process  of  amalgamation  has  been  a  success  and  that  entirely  re- 
gardless of  where  our  ancestors  came  from,  all  are  Americans 
living  under  one  flag,  which  we  stand  ready  to  defend  to  the  end, 
no  matter  how  costly  that  defense  may  be. 

Monday,  September  the  second,  has  been  set  apart  as 
LABOR  DAY 


FOR  THE  YEAR  1918  481 

and  I  recommend  that  on  that  day  our  citizens  devote  themselves 
to  those  toilers  in  order  that  all  shall  feel  that  honest  labor,  it 
matters  not  in  what  capacity,  is  honored  and  respected. 
IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.     Done  at  the  Capitol,  in 
the  City  of  Madison,  this  thirty-first  day  of  Au- 
gust, in  the  year  of  our  Lord,  one  thousand 
SEAL.  nine  hundred  and  eighteen. 

(Signed) 
By  the  Governor:  BMANUEL  L.  PHILIPP, 

MERLIN  HULL,  Governor. 

Secretary  of  State. 


Registration  Day 

The  President  of  the  United  States  has,  pursuant  to  law, 
designated  September  12,  1918,  as  Registration  Day  for  all  male 
persons  who  shall  have  attained  their  eighteenth  birthday  and 
shall  not  have  attained  their  forty-sixth  birthday  on  or  before 
September  12,  1918,  unless  they  are  in  the  military  or  naval 
service  of  the  United  States,  >or  unless  they  are  now  registered 
under  the  Selective  Service  Law. 

On  that  day  the  manhood  of  the  Nation,  between  the  desig- 
nated ages  will  willingly  add  their  names  to  the  honor  roll  of  the 
eleven  million  men  who  have  registered  heretofore  and  who  are 
serving  their  country  splendidly  in  factory  and  on  farm  and 
gloriously  in  Picardy,  in  Alsace  Lorraine,  in  Italy,  and  every- 
where, where  armies  today  are  fighting  for  righteousness. 

The  thirteen  million  additional  registrants  called  to  such  serv- 
ice, military,  civil  or  industrial,  as  the  constituted  authorities  of 
Local  and  District  Boards  shall  decide,  is  merely  another  evi- 
dence of  our  determination  to  push  to  overwhelming  victory  the 
cause  of  justice  and  civilization  in  which  ,we  are  engaged.  The 
President  of  the  United  States  says  ' '  This  will  be  our  final  dem- 
onstration of  loyalty,  democracy  and  the  will  to  win,  our  solemn 
notice  to  all  the  world  that  we  stand  together  in  a  common 
resolution  and  purpose." 

The  military  program  requires  a  full  registration  on  Regis- 
tration Day  and  an  expeditious  classification  of  the  registrants. 
It  calls  for  the  whole-hearted  and  persistent  cooperation  of  the 
State. 


-182  PROCLAMATIONS 

The  obligation  to  register  is  placed  on  all  male  persons  of  the 
designated  ages  in  the  United  States  on  September  12,  1918, 
whether  citizens  of  the  United  States,  persons  who  have  taken 
out  their  first  papers  only,  or  aliens. 

The  place  of  registration  will  ordinarily  be  the  voting  place 
of  the  voting  precinct  in  which  the  registrant  resides.  If  for 
any  reason  in  any  locality  this  place  is  not  used,  special  local 
notice  will  be  given. 

The  registration  place  will  be  opened  at  7  o  'clock  in  the  morn- 
ing and  will  close  at  nine  in  the  evening,  though  it  is  hoped  the 
registration  will  be  completed  early  in  the  evening. 

Persons  who  are  likely  to  be  absent  from  their  homes  on 
September  12th,  1918,  and  who  cannot  register  personally  with 
the  Local  Board  having  jurisdiction  over  their  place  of  resi- 
dence should  present  themselves  at  the  earliest  possible  moment 
to  any  Local  Board  wherever  they  may  be.  This  Local  Board 
will  furnish  such  persons  with  a  registration  card  and  certify 
to  the  answers  made  on  such  cards.  The  duty,  however,  is  placed 
upon,  such  persons  to  see  that  such  cards  are  filed  with  their 
own  Local  Board.  This  should  preferably  be  done  by  registered 
mail.  There  should  be  inclosed  with  the  card  a  self-addressed, 
stamped  envelope  in  order  that  a  registration  certificate  may  be 
issued  to  the  persons  registering.  Special  provision  has  been 
made  to  register  the  sick. 

Male  persons  of  the  designated  age  who,  on  account  of  absence 
at  sea,  or  on  account  of  absence  without  the  territorial  limits  of 
the  United  States,  may  be  unable  to  register  as  absentees  will, 
within  five  days  after  reaching  the  first  United  States  port, 
register  with  his  proper  Local  Board  or  as  provided  for  other 
absentees. 

I  call  upon  the  Secretary  of  State,  County  Clerks,  Boards  of 
Registry,  Inspectors  of  Election  and  all  other  public  officials  to 
perform  such  duties  as  are  assigned  to  them  by  Chapter  196 
of  the  Laws  of  1917  and  by  the  Local  Boards. 

I  call  upon  all  male  persons  of  the  designated  ages,  who  will 
be  away  from  home  on  Registration  Day,  to  go  now  to  the  office 
of  the  Local  Board  and  register. 

I  call  upon  all  other  persons  who  are  required  to  register  to 
go  early  in  the  day  to  the  place  of  registration  and  to  enroll 
themselves  in  their  country 's  service. 

I  call  upon  every  public  agency,  and  every  public  official  to 


FOR  THE  YEAR  1918  483 

cooperate  heartily  with  the  Local  Boards  to  see  that  wide-  pub- 
licity is  given  to  the  facts  about  Registration  and  that  every 
facility  is  provided  for  a  complete  registration  as  early  in  the 
day  as  it  is  possible  to  have  it. 

I  call  upon  the  newspapers  of  the  State  who  so  splendidly 
responded  to  the  recent  call  of  the  draft  administration  for  as- 
sistance in  the  special  registration;  for  even  more  generous  as- 
sistance in  performing  the  larger  task  that  is  immediately  ahead 
of  us. 

I  call  upon  all  citizens  who  are  willing  to  assist  in  the  regis- 
tration to  offer  their  services  to  the  Local  Boards  of  the  State. 

I  call  upon  all  citizens  and  residents  who  are  not  to  register 
to  dedicate  themselves  anew  that  there  may  the  sooner  be  a 
"new  birth  of  freedom"  for  the  world. 

In  conformity  with  the  Proclamation  of  the  President  of  the 
United  States,  I,  Emanuel  L.  Philipp,  Governor  of  the  State  of 
Wisconsin,  do  hereby  designate  and  appoint  the  twelfth  day  of 
September,  nineteen  hundred  eighteen  as 

REGISTRATION  DAY 

and  call  upon  all  persons  of  the  designated  age  to  present  them- 
selves on  this  day  at  the  proper  office  of  registration  to  exercise 
the  high  privilege  of  enrolling  themselves  for  such  military  or 
other  service  as  the  constituted  authorities  may  determine,  and 
I  urge  that  the  business  interests  of  the  state  will  give  the  men 
who  are  required  to  register  every  opportunity  to  do  so;  that 
flags  be  displayed  on  public  buildings  and  private  homes;  and 
that  this  day  on  which  thirteen  million  of  our  people  will  form- 
ally dedicate  themselves  to  the  great  cause  of  the  country,  of 
humanity,  of  civilization,  shall  be  fittingly  and  solemnly  cele- 
brated. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol,  in 
the  City  of  Madison,  this  third  day  of  Septem- 
ber, in  the  year  of  our  Lord,  one  thousand  nine 
SEAL.  hundred  and  eighteen. 

(Signed) 
By  the  Governor:  EMANUEL  L.  PHILIPP, 

MERLIN  HULL,  Governor. 

Secretary  of  State. 


484  PROCLAMATIONS 

Convening-  the  Legislature  in  Special  Session 
I,  Emanuel  L.  Philipp,  Governor  of  the  State  of  Wisconsin, 
under  and  by  virtue  of  Section  4  of  Article  V  of  the  Constitution 
of  said  state,  which  provides  that  the  Governor  shall  have  power 
to  convene  the  Legislature  on  extraordinary  occasions,  do  issue 
this,  my  proclamation,  to  convene  the  legislature  of  said  state, 
at  the  seat  of  government  at  Madison,  on  the  twenty-fourth  day 
of  September,  A.  D.  1918,  at  two  o'oclock  in  the  afternoon  of 
that  day,  to  consider  and  act  upon  the  following  subjects  of 
legislative  business,  to- wit: 

1.  Authorizing  the  Board  of  Regents  of  the  University  of 
Wisconsin,  the  Board  of  Regents  of  Normal  Schools  and  the 
Board  of  Trustees  of  the  Stout  Institute,  to  cooperate  with  and 
expedite  the  plans  of  the  Federal  Government  for  military  train- 
ing, and  making  the  necessary  appropriations  therefor. 

2.  Authorizing  Counties,  Towns,  Cities  and  Villages  to  invest 
in  securities  of  the  United  States  Government. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol,  in 
the  City  of  Madison,  this  eighteenth  day  of 
September,  in  the  year  of  our  Lord,  one  thou- 
sand nine  hundred  and  eighteen. 

(Signed) 
SEAL. 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor: 
MERLIN  HULL, 
Secretary  of  State. 


Fire  Prevention  Day 

In  this  time  of  war,  it  is  of  supreme  importance  that  every 
resource  of  the  nation,  in  men  and  materials,  be  protected  and 
conserved. 

The  abnormal  strain  of  war  production  is  in  itself  a  hazard 
to  life,  limb,  and  property. 

Loss  of  man-power  and  wealth  strikes  at  National  power  and 
efficiency  as  never  before. 

It  is  today  the  patriotic  duty  of  all,  young  and  old,  to  prevent, 


FOR  THE  YEAR  1918  485 

as  far  as  possible,  the  loss  of  life  through  fire  and  accidents,  to 
safeguard  workers  in  fields,  mines,  shops,  and  factories  against 
accidents,  and  to  eliminate  all  conditions  which  may  cause  fires. 
NOW  THEREFORE,  I,  Emanuel  L.  Philipp,  Governor  of  the 
State  of  Wisconsin,  for  the  purpose  of  arousing  the  people  of 
this  state  to  the  magnitude  of  the  needless  loss  of  life  and  prop- 
erty, to  induce  them  to  take  an  active  interest  in  fire  and  acci- 
dent prevention,  and  to  realize  their  individual  and  collective 
responsibility  in  these  matters,  do  hereby  designate  and  pro- 
claim 

Friday,  the  first  day  of  November,  1918  as 
FIRE  AND  ACCIDENT  PREVENTION  DAY 
I  especially  urge  that  general  educational  exercises  and  fire 
drills  be  held  in  all  schools  of  this  state,  to  emphasize  the  great 
waste  of  life  and  property,  and  the  best  methods  of  protecting 
both; 

That  factories  employing  a  considerable  number  of  workers 
have  a  fire  drill; 

That  all  public  and  private  institutions,  hotels,  theatres  and 
factories  be  carefully  inspected  to  discover  and  remedy  all  fire 
and  life  hazards; 

That  the  public  press,  through  its  news  columns  and  editorials 
comment,  call  attention  to  the  wastage  of  man-power  and  wealth 
through  fire  and  accidents; 

That  the  teachers  of  our  public  schools  give  definite  instruc- 
tion in  methods  of  avoiding  accidents  and  fires ;  and 

That  each  individual  citizen  of  this  Commonwealth  realize 
fully  his  duty  to  his  neighbors  and  to  the  community  to  keep  and 
maintain  his  premises  in  a  clean  and  safe  condition,  free  from 
life  and  fire  dangers. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.     Done  at  the  Capitol,  in 
the  City  of  Madison,  this  15th  day  of  October, 
SEAL.  A.  D.,  1918. 

(Signed) 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor: 
MERLIN  HULL, 
Secretary  of  State. 


4.86  PKOCLAMATIONS 

United  War  Work  Campaign 

To  THE  PEOPLE  OF  WISCONSIN  : 

With  a  thoughtful  regard  for  the  moral  and  social  welfare 
of  the  millions  of  young  men  who  are  being  called  from  their 
homes  to  fight  for  our  liberties  and  for  the  liberties  of  all  free 
peoples  the  United  States  government  authorized  seven  great 
organizations  to  look  after  the  well-being  of  the  men  in  the  mili- 
tary service  at  home  and  abroad.  These  organizations  are  the 
Young  Men's  Christian  Association,  Young  Women's  Christian 
Association,  National  Catholic  War  Council  of  Knights  of  Co- 
lumbus, Jewish  Welfare  Board,  War  Camp  Community  Service, 
American  Library  Association  and  Salvation  Army. 

With  a  fine  disregard  for  the  technical  differences  which  in 
civil  life  often  separate  them  so  widely,  these  organizations  have 
proceeded  to  carry  on  the  work  assigned  to  them  in  a  manner 
which  commands  the  admiration  of  the  civilized  world,  and  have 
earned  in  particular  the  heartfelt  gratitude  of  every  family  in 
our  own  country  having  a  member  in  the  service. 

These  organizations  are  supported  by  the  voluntary  contribu- 
tions of  the  people  of  our  country,  and  a  joint  campaign  is  soon 
to  open  for  the  raising  of  a  total  sum  of  $170,500,000.00  needed 
by  them  for  the  maintenance  of  their  noble  work.  We  should 
deem  it  not  a  duty  merely  but  a  high  privilege  to  contribute  of 
our  substance  generously  to  this  great  cause.  The  people  of 
Wisconsin  have  responded  with  promptness  to  every  military  de- 
mand made  upon  them  by  the  government,  and  have  liberally 
and  enthusiastically  answered  every  call  for  voluntary  help  to 
sustain  the  war  activities  thus  far — and  they  will  not  fail  in  this. 

NOW  THEREFORE,  I,  Emanuel  L.  Philipp,  Governor  of  the 
State  of  Wisconsin,  do  call  upon  the  people  of  the  state  to  lend 
their  best  effort  and  strength  and  give  to  the  fullest  extent  of 
their  means,  to  the  appeal  for  funds  that  shall  be  made  by  the 
United  War  Work  Campaign,  beginning  on  November  10th  next, 
for  $170,500,000.00  to  carry  on  their  work  so  successfully  begun. 

And  I  further  request  that  this  proclamation  shall  be  read 
from  every  pulpit  in  the  state  on  Sunday,  November  10th,  and 
on  the  following  day  in  every  school  so  that  the  children  of  the 
state  also  may  to  the  extent  of  their  ability  join  in  this  beneficent 
war  work. 


FOR  THE  YEAR  1918  487 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol,  in 
the  City  of  Madison,  this  22nd  day  of  October, 
A.  D.,  1918. 

(Signed) 

SEAL. 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor: 
MERLIN  HULL, 
Secretary  of  State. 


Thanksgiving  Day 

Because  the  hearts  of  our  people  have  been  moved  to  praise 
and  Thanksgiving  by  the  coming  of  peace  after  more  than  four 
years  of  strife  and  bloodshed  involving  nearly  the  whole  civil- 
ized world,  we  approach  thel  time  of  the  year  when  it  is  our 
custom  to  give  formal  and  public  expression  to  our  gratitude 
with  a  profound  feeling  and  a  solemn  joy. 

The  earth  has  yielded  bountifully,  we  have  prospered  in  our 
many  undertakings  beyond  any  preceding  year,  the  hearts  of 
the  people  have  been  stirred  to  generous  response  to  the  calls 
made  upon  their  means,  their  time  and  their  sympathies  in 
carrying  on  their  home  share  in  the  great  strife,  all  of  which 
call  for  thankfulness.  But,  beyond  all  these  is  the  supreme, 
cause  for  gratitude,  that  our  nation  has  been  permitted  to  have 
a  worthy  part  in  destroying  despotism  and  in  bringing  to  a  suc- 
cessful close  the  greatest  war  of  history  fought  for  the  noblest 
principles  that  ever  inspired  the  hearts  of  men,  and  in  ushering 
in  an  era  of  greater  liberty  and  safety  for  the  entire  world. 

The  cultivation  of  a  spirit  of  genuine  gratitude  gives  the 
strongest  assurance  that  we  shall  make  the  highest  use  of  the 
blessings  which  have  come  to  us,  and  faithfully  meet  the  sacred 
duties  which  they  impose. 

NOW  THEREFORE,  I,  Emanuel  L.  Philipp,  Governor  of 
the  State  of  Wisconsin,  in  accordance  with  the  proclamation  of 
the  President  of  the  United  States,  do  designate  and  set  apart 
Thursday,  the  twenty-eighth  day  of  November  as  a  day  of  thanks- 
giving and  praise.  I  recommend  that  the  people  of  the  state, 


488  PROCLAMATIONS 

giving  up  their  ordinary  occupation  for  that  day,  do  assemble 
in  their  several  places  of  worship  and  in  their  homes  and  render 
thanks  to  Almighty  God  for  the  great  blessings  which  have 
been  vouchsafed  to  us. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol,  in 
the  City  of  Madison,  this  twenty-first  day  of 
November,  in  the  year  of  our  Lord,  one  thou- 
sand nine  hundred  and  eighteen. 
(Signed) 

SEAL. 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor: 
MERLIN  HULL, 
Secretary  of  State. 


Christmas  Roll  Call  Week 

All  humanity  is  passing  through  a  critical  time.  The  great 
battles  of  the  world  war  have  been  fought,  and  by  the  will  of 
God  and  the  valor  of  our  own  and  the  allied  armies,  we  have  won. 
But  this  does  not  end  our  responsibilities,  nor  has  the  troubled 
world  been  brought  back  to  a  peace  basis.  Hunger  and  disease 
are  always  associated  with  war,  and  the  stories  of  want  and 
misery  that  are  brought  to  us  from  the  belligerent  countries  of 
Europe  touch  the  American  heart.  I  believe  it  to  be  the  will  of 
our  people  to  render  to  humanity  such  assistance  as  we  can  and 
to  lift  the  sufferers  out  of  their  unfortunate  situation. 

The  American  Bed  Cross  Society  has  rendered  a  fine  service 
but  its  work  is  not  yet  done.  While  it  is  true  that  no  more 
wounded  are  being  sent  back  to  its  camps  from  the  battle  lines, 
there  remain  many  thousands  of  disabled  soldiers  to  be  cared 
for,  and  what  is  still  a  greater  task  is  to  care  for  the  unfortunate 
civilian  population  which  has  been  impoverished  by  the  war  in 
those  countries  where  hostilities  have  been  carried  on. 

The  high  esteem  in  which  the  American  Red  Cross  Society  is 
held  by  the  American  People  has  been  clearly  shown  by  their 
generous  response  to  its  needs.  The  money  contributions  have 
been  very  liberal  and  it  is  safe  to  say  that  only  a  small  per  cent 


489 

of  our  citizens  who  were  able  to  pay  anything  declined  to  do 
their  share.  The  Society  must  continue  its  work,  but  it  does  not 
wish  to  make  any  further  campaign  for  funds  in  the  manner  in 
which  these  campaigns  have  heretofore  been  conducted.  It  is 
proposed  now  to  raise  its  revenue  through  increased  member- 
ship and  I  call  upon  every  man,  woman  and  child  in  the  state, 
who  can  possibly  spare  the  membership  fee  to  enroll  with  the 
Red  Cross  Society  during  the  week  of  December  16th  to  23rd, 
which  will  be  known  as 

CHRISTMAS  ROLL  CALL  WEEK 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol,  in 
the  City  of  Madison,  this  thirteenth  day  of  De- 
cember, in  the  year  of  our  Lord,  one  thousand 
SEAL.  nine  hundred  and  eighteen. 

(Signed) 
By  the  Governor :  EMANUEL  L.  PHILIPP, 

MERLIN  HULL,  ,  Governor. 

Secretary  of  State. 


Fatherless  Children  of  France 

The  great  war  in  which  France  lost  nearly  two  million  men 
has  left  more  than  half  a  million  orphaned  children  under  six- 
teen years  of  age  in  that  country.  Fully  half  of  these  children 
are  dependent  upon  outside  aid,  their  mothers  being  without 
sufficient  means  to  maintain  their  families  in  the  degree  of  com- 
fort necessary  to  ensure  healthy  physical  growth.  The  French 
government  allows  twenty  cents  a  day  for  each  child  but  this 
is  not  enough  to  provide  food,  clothing  and  shelter. 

It  was  to  meet  this  situation  and  make  possible  the  assistance 
which  the  people  of  this  country  were  eager  to  afford;  that  in 
May  1918  there  was  incorporated  under  the  laws  of  the  State  of 
New  York  "The  Fatherless  Children  of  France"  an  organiza- 
tion which  in  a  most  systematic  way,  in  close  cooperation  with 
the  parent  organization  in  France  is  now  caring  for  85,000 
French  orphans.  The  method  pursued  is  for  individuals  and  so- 
cieties of  various  kinds  in  this  country  to  "adopt"  one  or  more 
orphans  and  pay  the  ten  cents  per  day  necessary  to  be  added 
to  the  twenty  cents  allowed  by  the  French  government,  in  ord«r 


490  PKOCLAMATIONS 

that  the  children  may  have  proper  support.  For  each  orphan 
then  adopted  in  this  country  there  is  sent  to  France  $36.50  an- 
nually being  ten  cents  a  day  for  each. 

No  other  organization  is  furnishing  war  aid  in  this  country 
or  elsewhere  so  inexpensively  as  the  Fatherless  Children  of 
France  for  not  a  cent  is  taken  for  administration.  Each  orphan 
whose  support  is  undertaken  in  Wisconsin  or  in  any  other  state 
received  the  full  $36.50.  The  head  organization  in  New  York 
is  made  up  of  a  hundred  or  more  people  prominent  throughout 
the  country,  whose  financial  responsibility  makes  certain  the 
proper  handling  of  all  funds  entrusted  to  them. 

A  special  appeal  is  now  being  made  throughout  Wisconsin 
and  the  entire  country  to  secure  the  adoption  of  more  of  these 
orphaned  children.  There  are  still  250,000  of  them  that  full 
provision  has  not  yet  been  made  for,  and  every  community  of 
the  state  is  to  be  canvassed  for  the  purpose  of  increasing  the 
list  of  adoptions.  It  is  imperative  that  these  children  should  be 
given  relief  immediately  if  they  are  not  to  suffer.  This  call 
comes  as  a  challenge  to  our  generosity,  and  gives  us  as  well 
the  most  effective  means  of  showing  our  admiration  and  sym- 
pathy for  the  French  people  whose  noble  and  self-sarificing  re- 
sistance to  an  unscrupulous  foe  during  four  and  one-half  years 
of  struggle  on  their  own  soil  has  inscribed  their  name  high  on 
the  scroll  of  fame. 

In  every  community  there  is  an  organization  or  individual 
that  will  receive  your  subscription.  If  one  of  these  does  not  find 
you  go  to  your  local  bank  and  ask  it  to  forward  your  ' '  adop- 
tion" subscription.  Act  at  once  so  that  Wisconsin  will  main- 
tain the  fine  record  it  has  made  since  the  war  began  for  large- 
hearted  generosity  and  loyalty. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol,  in 
the  City  of  Madison,  this  seventeenth  day  of 
December,  A.  D.,  in  the  year  of  our  Lord,  one 
SEAL.  thousand  nine  hundred  and  eighteen. 

(Signed) 
By  the  Governor:  EMANUEL   L.    PHILIPP, 

MERLIN  HULL,  Governor. 

Secretary  of  State. 


FOR  THE  YEAR  1919  491 

Father  and  Son  Week. 

The  boy  of  today  is  the  man  of  the  future.  The  duties  and 
responsibilities,  that  rest  upon  men  of  mature  years  in  our  time, 
will  be  passed  to  the  lad  of  today  when  he  reaches  manhood 
and  takes  the  place  of  those  who  have  lived  before  him. 

The  young  boy's  mind  is  not  yet  trained  in  the  ways  of  the 
world  and  he  must  look  to  those  who  are  older  than  he  for  guid- 
ance. What  he  shall  be  in  the  future  will  depend  to  a  large  ex- 
tent upon  the  impression  that  those  who  are  around  him  and 
whom  he  knows  best  will  make  upon  his  young  mind.  Because 
he  is  a  boy  and  knows  that  he  must  prepare  himself  for  the  life 
of  a  man,  he  is  anxious  to  be  told  about  the  duties  and.  respon- 
sibilities that  await  him  when  he  reaches  manhood. 

I  am  sure  that  every  boy  likes  the  association  of  his  father 
provided  the  father  will  keep  close  to  the  boy's  heart.  And  in 
order  to  cultivate  a  closer  relation  between  father  and  son,  a 
custom  has  been  established  to  observe  a  certain  number  of 
days  each  year  to  be  known  as 

"FATHER  AND  SON  WEEK." 

This  year  the  managers  of  this  worthy  enterprise  have  decid- 
ed that  we  shall  observe  the  days  of  February  11-17,  both  in- 
clusive for  that  purpose. 

I  recommend  to  the  fathers  of  Wisconsin  boys  that  they  give 
their  young  sons  their  special  attention  upon  the  days  I  have 
named.  It  will  strengthen  the  bond  of  friendship  between  fath- 
er and  son,  which  in  turn  will  guide  the  young  lad  in  his  jour- 
ney from  boyhood  to  manhood  and  give  him  an  earlier  and  bet- 
ter understanding  of  his  duties  as  a  man  and  a  citizen. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol,  in 
the  City  of  Madison,  this  twenty-fourth  day 
of  January,  in  the  year  of  our  Lord,  one  thou- 
SEAL.  sand  nine  hundred  and  nineteen. 

(Signed) 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor : 
MERLIN  HULL, 
Secretary  of  State. 


492  PROCLAMATIONS 

Fixing  Clean-up  Weeks  for  Municipalities 

With  the  advent  of  early  Spring,  stimulating  early  gardening 
and  a  freer  outdoor  life,  comes  the  necessity  for  a  general  clean- 
ing up  of  premises  inside  and  out.  Every  movement  within 
reason  that  contributes  to  the  tidiness,  healthfulness  and  safety 
of  our  homes  and  industries  should  be  given  place  in  our  do- 
mestic routine.  Any  conditions  that  detract  from  the  beauty 
and  healthfulness  of  our  surroundings  aid  the  forces  that  tear 
down. 

Not  only  should  dead  branches  and  old  trees  be  removed,  trees 
trimmed,  and  flowers,  shrubbery  and  gardens  cultivated,  but 
due  attention  should  be  paid  to  the  removal  of  rubbish  and  other 
wastes.  Basements,  often  the  receptacle  for  cast-off  materials 
of  many  kinds,  become  not  only  dangerous  to  life  through  in- 
creasing the  fire  hazard,  but  may  actually  be  unhealthful  and 
productive  of  illness.  More  than  ever  before  we  are  called  upon 
now  to  safeguard  the  lives  of  our  citizens  in  every  possible  way. 
Let  us  then  be  active  in  the  field  of  domestic  sanitation  and  do 
all  things  to  promote  a  well  ordered  life  for  ourselves,  our  fami- 
lies and  neighbors. 

In  the  interest  of  a  more  healthful,  wholesome  and  safer 
standard  of  living,  therefore,  and  in  order  that  the  citizens 
of  Wisconsin  may  join  in  this  common  cause,  I,  Emanuel  L. 
Philipp,  Governor  of  the  State  of  Wisconsin,  do  hereby  pro- 
claim the  weeks  from  April  28  to  May  10,  1919,  or  such  other 
periods  as  may  through  ordinance  be  designated  by  municipali- 
ties as  Clean-Up  Weeks,  and  urge  all  citizens  during  such  peri- 
ods to  clean  up  their  premises  within  and  without,  ridding 
them  of  all  wastes,  the  presence  of  which,  is  a  detriment  to  the 
appearance,  orderliness  and  healthfulness  of  the  surroundings, 
and  in  other  ways  to  assist  in  making  our  homes  and  property 
safer  and  healthier  for  all  the  people. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.     Done  at  the  Capitol,  in 
the  City  of  Madison,  the  third  day  of  April,  A. 
SEAL.  D.,  1919. 

By  the  Governor:  EMANUEL  L.  PHILIPP, 

MERLIN  HULL,  Governor. 

Secretary  of  State, 


FOR  THE  YEAR  1919  493 

Arbor  and  Bird  Day 

This  is  the  season  of  the  year  when  the  birds  return  to  their 
summer  homes.  The  trees  are  budding  and  nature,  which  has 
been  dormant  during  the  winter  months,  has  now  returned  to 
life.  The  people  of  Wisconsin  with  a  view  of  conserving  the 
natural  wealth  and  beauty  of  the  state,  have  provided  by  law 
for  a  holiday  upon  which  children  shall  be  taught  the  value  of 
birds  and  trees. 

The  observance  of  Arbor  Day  began  soon  after  the  Civil  War 
and  from  the  beginning  it  has  had  a  civic  motive  and  an  asso- 
ciation of  patriotism.  Another  great  war  has  come  to  an  end 
and  we  shall  seek  many  ways  to  perpetuate  the  memories  of 
those  who  have  made  the  extreme  sacrifice.  We  wish  to  keep 
fresh  our  own  memories  of  what  they  gave  and  it  has  been  hap- 
pily suggested  that  we  may  do  this  by  adorning  with  young  trees 
our  waysides'  and  our  yards,  each  named  for  a  fallen  soldier.  I 
suggest  to  our  citizens  that  the  origin  of  the  day  be  borne  in 
mind  and  request  them  to  observe  it  by  devoting  it  to  tree  plant- 
ing and  to  otherwise  beautifying  their  gardens  and  homes.  All 
this  will  bring  cheer  and  will  help  us  to  remember  the  great 
victory  which  our  armies  have  won  and  the  sacrifices  which  our 
soldiers  have  made. 

In  accordance,  therefore,  with  established  law  and  custom,  I, 
Emanuel  L.  Philipp,  Governor  of  the  State  of  Wisconsin,  do 
hereby  proclaim  Friday,  the  Second  day  of  May,  1919, 

ARBOR  AND  BIRD  DAY 

and  I  recommend  that  the  day  be  observed  by  the  planting  of 
trees,  the  adornment  of  schools  and  public  grounds  and  by  the 
holding  of  appropriate  exercises  in  all  the  schools  of  the  state, 
to  the  end  that  the  greatest  possible  advancement  may  be  at- 
tained in  harmony  with  the  spirit  of  this  proclamation. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.     Done  at  the  Capitol,  in 
the  City  of  Madison,  this  twenty-fifth  day  of 
SEAL.  April,  in  the  year  of  our  Lord,  one  thousand 

nine  hundred  and  nineteen. 
By  the  Governor:  (Signed) 

MERLIN  HULL,  EMANUEL  L.  PHILIPP, 

Secretary  of  State.  Governor 


494         .  PROCLAMATIONS 

Seventieth  Anniversary  of  the  Admission  of  Wisconsin  to 

the  Union 

I  take  this  occasion  to  remind  the  people  that  the  twenty- 
ninth  day  of  May,  1919,  will  be  the  seventieth  anniversary  of 
the  admission  of  our  state  to  the  Union. 

As  citizens  of  Wisconsin  we  are  all  deeply  interested  in  the 
future  development  of  our  great  state,  also  in  the  history  of 
the  generations  that  have  passed  away,  who  were  instrumental 
in  its  organization  and  who  performed  the  great  labor  of  con- 
verting a  wilderness  into  a  state  known  throughout  the  Union 
for  its  agricultural  and  industrial  development. 

I  do  not  wish  it  understood  that  I  am  here  proclaiming  a  legal 
holiday.  It  is,  nevertheless,  fitting  that  we  honor  by  words  and 
deeds  the  memories  of  the  men  and  women  who  made  this  state 
of  Wisconsin  possible,  and  who  laid  the  foundation  for  our 
prosperity.  I  therefore  call  upon  schools  and  colleges,  civic 
bodies  and  other  organizations  and  the  press  of  the  state  to  ob- 
serve Wisconsin  Day.  I  suggest  that,  particularly  in  our  schools, 
the  state's  history  be  reviewed  and  the  loyalty  and  patriotism 
of  our  citizens  be  given  consideration  in  order  that  the  younger 
generation  may  truly  understand  the  Wisconsin  spirit. 

Finally  let  us  all  glory  in  the  achievements  of  this  our  com- 
monwealth and  resolve  that  our  state  shall  move  forward  in  all 
matters  that  benefit  mankind  and  that  we  may  preserve  for  all 
time  the  well  earned  reputation  of  being  an  honest,  industrious 
and  enlightened  people. 

I  wish  to  further  recommend  that  our  schools  review  the 
achievements  of  our  gallant  soldiers  and  sailors  who  are  now 
returning  to  us,  and  the  patriotic  work  carried  on  by  our  citi- 
zens during  the  gloomy  days  of  the  World  War.  The  history  of 
the  state's  cooperation  is  fresh  in  our  minds  now  and  should  be 
transmitted  to  our  children  in  the  schools  in  order  that  they  re- 
ceive a  proper  conception  of  the  meaning  of  citizenship  and  the 
duties  that  it  places  upon  all  those  who  wish  to  enjoy  that 
privilege. 


FOR  THE  YEAR  1919  495 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol,  in 
the  City  of  Madison,  this  twenty-second  day 
of  May,  A.  D.,  1919. 

SEAL. 

(Signed) 

EMANUEL  L.  PH1LIPP, 

Governor. 
By  the  Governor: 

MERLIN  HULL, 
Secretary  of  State. 


Memorial  Day 

The  defense  of  our  country  and  the  protection  of  our  ideals 
of  government  have  caused  the  American  people  to  make  great 
sacrifice  of  human  life  and  treasures.  Those  who  came  forward 
to  defend  the  American  flag  and  the  institutions  for  which  it 
stands  are  held  in  grateful  remembrance  by  our  citizens. 

For  many  years  it  has  been  our  custom  to  assemble  and  re- 
view the  patriotic  service  rendered  by  our  soldiers  and  sailors 
during  the  days  of  the  Civil  War,  when  our  patriotic  citizens 
offered  their  lives  that  this  Union  of  States  might  be  preserved 
and  the  Republic  might  live. 

This  year  a  new  army  is  returning  from  the  field  of  battle 
where  it  made  its  sacrifices  in  the  interest  of  human  freedom 
and  American  institutions,  and  the  beautiful  custom  which  we 
have  established  to  do  honor  to  our  heroes  of  former  wars  may 
with  perfect  propriety  be  applied  to  the  gallant  American  sol- 
diers and  sailors  who  fought  for  our  country  in  the  great  World 
War. 

On  this  solemn  occasion  I  wish  to  remind  our  people  that 
many  Wisconsin  boys  are  buried  over  seas  and  that  their  graves 
are  therefore  not  accessible  to  us.  It  is  desirable  that  wherever 
services  are  held  special  mention  should  be  made  of  those  who 
are  slumbering  in  foreign  lands  and  that  we  offer  consolation  to 
the  bereaved  parents  and  relatives  of  those  who  will  not  again 
return  to  us. 

As  we  gather  to  do  honor  to  the  brave  men  and  women  who 
fought  our  battles  and  brought  victory  to  us  let  us  pause  to 


496  PROCLAMATIONS 

thank  God  that  the  great  World  War  has  been  brought  to  a 
close,  that  our  armies  were  victorious  and  that  our  soldiers  and 
sailors  are  being  returned  to  us  with  new  honors  won  for  the 
American  flag  and  the  nation  for  which  it  stands.  Let  us  pray 
that  our  country  may  not  again  become  involved  in  war  and 
that  the  light  of  peace  may  lead  the  world  for  all  time. 

The  people  of  Wisconsin,  in  conformity  with  federal  law,  have 
provided  for  a  day  to  be  observed  in  the  honor  of  those  of  whom 
I  have  spoken.  Therefore,  I,  Emanuel  L.  Philipp,  Governor  of 
the  State  of  Wisconsin,  hereby  designate  Friday,  May  thirtieth. 
A.  D.  1919 

MEMORIAL  DAY 

and  I  earnestly  remind  the  people  of  their  duty  to  keep  it  mem- 
orable. I  request  that  the  people  meet  in  the  schools  and  church- 
es and  other  public  meeting  places  and  devote  their  thoughts 
to  our  national  ideals,  to  sing  patriotic  songs,  to  decorate  the 
graves  of  our  soldiers  and  sailors  and  do  those  things  which 
bring  the  hearts  of  the  people  closer  to  the  folds  of  this  great 
Republic,  which  is  our  beloved  home. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol,  in 
the  City  of  Madison,  this  twenty-second  day  of 
May,  A.  D.,  1919. 

SEAL. 

(Signed) 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor: 
MERLIN  HULL, 
Secretary  of  State. 


Flag  Day 

I  wish  to  call  public  attention  to  the  fact  that  June  fourteenth 
is  the  anniversary  of  the  birth  of  the  American  flag. 

On  that  date  a  year  ago  our  country  was  involved  in  the  great 
World  War  and  we  are  sending  the  flower  of  our  young  man- 
hood to  the  front  to  give  battle  to  the  enemy.  The  battles  that 


FOR  THE  YEAR  1919  497 

turned  the  tide  of  war  were  fought  during  the  succeeding  sum- 
mer months.  Our  army  was  victorious  and  the  major  portion 
of  the  units  furnished  by  this  state  have  returned  to  their  homes. 
It  is  our  country's  first  experience  in  waging  war  upon  Eur- 
opean soil  and  although  our  government  was  entirely  unselfish 
in  its  purpose,  the  success  of  our  arms  was  a  matter  of  deep  con- 
cern among  our  people. 

It  is  a  matter  of  state  pride  that  Wisconsin  soldiers  took  a 
prominent  part  in  the  battles  that  turned  the  enemy  and  that 
their  brilliant  services  have  been  officially  recognized  by  our  al- 
lies. 

Whether  every  hope  that  the  American  people  entertained 
when  they  entered  the  war  will  be  realized  or  not  will  not  detract 
from  our  country's  glory.  The  American  purpose  was  to  aid 
mankind  by  establishing  an  opportunity  for  a  better  and  hap- 
pier life  for  the  people  of  central  Europe.  Our  army  aided  in 
destroying  the  militaristic  power  which  made  the  realization  of 
American  ideals  forever  impossible.  In  doing  that  we  rendered 
a  valuable  service  to  the  world  and  our  flag  comes  back  to  us 
with  new  glory  because  it  has  rendered  a  new  service  to  man- 
kind. 

As  citizens  of  a  free  country  it  is  our  duty  to  impress  our 
youth,  and  in  fact  all  who  do  not  fully  understand  the  value 
of  our  government  and  its  institutions  to  the  individual  citizen, 
of  its  true  worth  as  compared  with  the  rights  and  privileges 
granted  under  other  forms  of  government. 

Let  us  give  our  attention  to  the  promotion  of  the  true  Amer- 
ican spirit  and  on  this  day  teach  reverence  for  the  flag  that 
stands  for  all  that  our  freedom  has  cost  and  our  forefathers 
have  established  for  us. 

THEREFORE,  I,  Emanuel  L.  Philipp,  Governor  of  the  State 
of  Wisconsin,  hereby  designate  Saturday,  June  fourteenth,  1919. 

FLAG  DAY 

and  recommend  that  on  that  day  there  will  be  a  generous  display 
of  flags,  special  exercises  and  ceremonies  in  the  school  houses, 
public  and  private,  and  such  other  honors  to  the  flag  as  the 
patriotic  spirit  of  our  people  may  prompt. 


498  PKOCLAMATIONS 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol,  in 
the  City  of  Madison,  this  eleventh  day  of  June, 
in  the  year  of  our  Lord,  one  thousand  nine 
SEAL.  hundred  and  nineteen. 

(Signed) 

By  the  Governor:  EMANUEL  L.  PHILIPP, 

MERLIN  HULL,  Governor. 

Secretary  of  State. 


Boy  Scout  Week 

The  Boy  Scouts  of  America  have  rendered  a  valuable  service 
to  the  Nation  during  the  World  War.  They  were  effective 
bond  salesmen  and  collectors  for  the  Red  Cross — in  fact,  they 
have  demonstrated  that  it  is  an  organization  that  should  be 
encouraged. 

There  is  a  widespread  feeling  among  our  people  that  the 
value  of  the  American  government  to  the  individual  citizen 
should  be  taught  to  our  young  people  in  the  schools.  It  is  part 
of  the  plan  of  Americanization  that  will  produce  the  desired 
result  of  establishing  a  better  understanding  of  the  compara- 
tive worth  of  a  government  by  the  people  as  against  the  other 
forms  that  exist  in  other  countries. 

The  Boy  Scouts  are  promoters  of  good  citizenship,  love  for 
truth  and  the  flag  and  are,  therefore,  a  valuable  aid  to  the 
schools  in  the  work  of  promoting  good  citizenship. 

The  President  of  the  United  States  has  by  proclamation  rec- 
ommended that  the  period  beginning  June  8th  to  Flag  Day, 
June  14th,  be  observed  as  Boy  Scout  week  for  the  purpose  of 
strengthening  the  work  of  the  Boy  Scouts  of  America.  It  is 
the  plan  of  the  organization  that  sufficient  aid  be  gathered 
during  the  period  set  aside  by  the  President  to  enable  it  to 
strengthen  its  work. 

The  institution  is  worth  all  that  it  costs  and  I  earnestly  rec- 
ommend that  the  people  of  Wisconsin  all  extend  to  it  their 
usual  generosity  and  give  the  organization  the  aid  that  it 
deserves. 


FOR  THE  YEAR  1919  499 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol,  in 
the  City  of  Madison,  this  eleventh  day  of  June, 
in  the  year  of  our  Lord,  one  thousand  nine 
SEAL.  hundred  and  nineteen. 

(Signed) 
By  the  Governor :  EMANUEL  L.  PHILIPP, 

MERLIN  HULL,  Governor. 

Secretary  of  State. 


Five  Hundred  Dollars  Reward 

Whereas,  it  has  been  represented  to  me  that  at  a  late  hour  on 
Monday,  July  21,  1919,  m  the  city  of  Reedsburg,  Wisconsin, 
some  person  or  persons,  unknown,  did  feloniously,  wilfully 
and  with  malice  aforethought,  assault  and  rob  one  George  Don- 
ley,  from  the  effects  of  which  assault  said  George  Donley  died 
Sunday,  July  26,  1919;  and  that  the  said  person  or  persona 
unknown  are  still  at  large,  and  that  the  ends  of  justice  require 
that  a  reward  be  offered  for  his,  or  their,  apprehension  and 
conviction. 

Now,  therefore,  Know  Ye,  That,  I,  Emanuel  L.  Philipp,  as 
Governor  of  Wisconsin,  do  hereby  offer  a  reward  of  Five  Hun- 
dred Dollars,  to  be  paid  upon  the  apprehension  and  conviction 
in  due  form  of  law,  of  the  said  persons  who  committed  the 
crime  aforesaid,  the  said  reward  to  be  paid  to  the  person  or 
persons  who  shall  apprehend  and  deliver  the  said  person  or  per- 
sons, unknown,  to  the  proper  officer  of  the  County  of  Sauk,  at 
the  county  seat  thereof. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.    Done  at  the  Capitol  in  the 
City  of  Madison,  this  thirty-first  day  of  July, 
SEAL.  A.  D.  1919. 

(Signed) 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor: 
W.  B.  NAYLOR, 
Asst.  Secretary  of  State. 


500  PROCLAMATIONS 

Convening  the  Legislature  in  Special  Session 

I,  Emanuel  L.  Philipp,  Governor  of  the  State  of  Wisconsin, 
under  and  by  virtue  of  Section  4  of  Article  V  of  the  Constitu- 
tion of  said  state,  which  provides  that  the  Governor  shall  have 
power  to  convene  the  Legislature  on  extraordinary  occasions, 
do  issue  this,  my  proclamation,  to  convene  the  Legislature  of 
said  state,  at  the  seat  of  government  at  Madison,  on  the  fourth 
day  of  September,  A.  D.  1919,  at  two  o'clock  in  the  afternoon 
of  that  day,  to  consider  and  act  upon  the  following  subjects  of 
legislative  business,  to- wit : 

1.  To  consider  the  enactment  of  such  legislation  as  will 
grant  the  privilege  to  attend  the  university,  normal  schools, 
high  schools,  common  schools,  special  schools  or  any  private 
college  located  in  the  State  of  Wisconsin,  to  any  soldier,  sailor, 
marine  or  nurse,  who  rendered  service  during  the  world  war, 
and  who  was  in  the  service  of  the  army,  navy,  or  hospital  corps 
of  the  United  States,  on  or  before  the  date  of  the  signing  of 
the  armistice,  and  to  provide  for  the  payment  to  such  persons 
of  certain  sums  of  money  by  the  state  in  monthly  payments 
during  the  period  which  such  student  attends  such  college  or 
school,  and  to  make  the  necessary  appropriations  for  such  pay- 
ments and  to  provide  by  adequate  appropriation,  the  necessary 
facilities,  including  instructional  staff  in  the  university,  normal 
schools,  the  public  schools,  and  to  create  any  special  school  or 
schools  required  and  make  the  necessary  appropriations*  there- 
for and  to  levy  a  special  tax  to  raise  the  money  necessary  to 
carry  out  all  of  the  provisions  of  such  a  law. 

2.  To  amend  chapter  674,  laws  of  1919,  otherwise  known  as 
the  Blue  Sky  Law. 

3.  To  amend  chapter  542  of  the  laws  of  1919,  relating  to 
county  tax  for  needy  soldiers. 

4.  To  amend  chapter  660,  of  the  laws  of  1919,  relating  to 
the  appropriation  for  the  state  superintendent  of  schools. 

5.  To  consider  legislation  validating  bond  issues  of  munici- 
palities, villages  and  school  districts. 

6.  To  consider  legislation  permitting  county  boards  to  make 
appropriations  for  the  collection,  publication  and  distribution 
of  war  records. 


FOR  THE  YEAR  1919  501 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol  in  the 
city  of  MJadison,  this  twenty-eighth  day  of  Aug- 
ust, in  the  year  of  our  Lord,  one  thousand  nine 
hundred  and  nineteen. 
SEAL. 

(Signed) 

BMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor: 

MERLIN  HULL, 
Secretary  of  State. 


Labor  Day 

It  has  been  stated  that  war  is.  destruction  and  that  the  world 
must  pay  the  price.  The  World  War  has  brought  many  condi- 
tions upon  us  that  prove  this  statement.  We  read  it  in  the 
daily  press,  we  hear  it  in  private  conversation  wherever  we 
go,  that  economic  conditions  are  everywhere  disturbed.  That, 
particularly  in  Europe  production  has  been  very  much  reduced 
because  of  the  great  loss  of  man  power  and  the  unsettled  con- 
dition of  governments.  Although  the  production  of  food  has 
been  greatly  reduced  in  Europe,  the  people  must  nevertheless 
be  fed,  and  this  fact  has  created  an  export  demand  for  Ameri- 
can food  products  far  greater  than  any  that  our  country  has 
heretofore  experienced.  The  government  report  of  exports  tes- 
tifies to  that  fact.  This'  abnormal  export  demand  is  in  a  large 
degree  responsible  for  the  high  price  of  food  in  our  own  coun- 
try which  is  being  so  much  complained  of  by  our  people  and, 
particularly,  the  laboring  classes.  No  doubt  speculation  has 
contributed  its  part  to  this  condition,  it  always  has  during  ab- 
normal times,  and  history  has  in  this  regard  again  repeated 
itself. 

Too  much  is  expected  of  legislation  to  provide  the  remedy 
that  the  people  are  looking  for.  Natural  laws  must  be  given 
a  chance  to  do  their  part.  Nor  can  these  laws  be  substituted 
by  legislative  enactment.  Time  will  gradually  work  out  the 
problem  of  the  cost  of  living,  and  the  process  will  not  be  com- 
pleted until  the  world's  stock  of  food  and  other  necessities  of 


502  PROCLAMATIONS 

life,  which  have  been  neglected  during  the  period  of  the  war, 
are  replaced.  This  may  seem  a  slow  process.  The  restless  will 
grumble  and  the  agitator  will  scold.  However,  entirely  regard- 
less of  these  manifestations,  legislation  and  threats  will  offer 
but  a  weak  and  disappointing  remedy,  and  the  people  will  be 
compelled  to  wait  for  their  relief  until  production  will  again 
overtake  consumption.  One  thing  is  certain,  we  shall  not  be 
able  to  reduce  the  cost  of  living  by  enforced  idleness,  and  the 
men,  who  are  today  advocating  strikes'  and  other  forms  of  dis- 
content, are  causing  the  production  to  be  further  reduced, 
which  will  have  the  effect  of  reducing  the  stock  of  food  sup- 
plies and  other  necessities  of  life,  and  which  will  in  the  end  still 
further  increase  the  cost  of  these  supplies.  The  remedy  lies  in 
keeping  at  work,  and  in  that  way  increase  our  stock  of  prod- 
ucts rather  than  to  stand  idly  by  and  consume  our  surplus.  If 
we  are  going  to  keep  our  balance  during  this  period  of  recon- 
struction, both  labor  and  capital  should  be  reasonable  and  con- 
siderate of  each  others'  interests.  The  question  of  wages  and 
working  conditions  should  be  settled  without  strikes.  And 
above  all  labor  ought  not  to  be  influenced  at  this  time  by  politi- 
cians, who  are  breeding  discontent  for  no  better  purpose  than 
to  promote  their  own  political  interests. 

The  season  of  year  is  fast  approaching  that  will  make  de- 
mands for  fuel,  better  clothing  and  warmer  houses.  It  would 
be  unfortunate  indeed  if  the  laboring  man  should  at  this  time 
drop  his  tools  and  forego  his  earnings  and  enter  the  winter 
with  an  empty  hand  to  meet  the  demands  that  will  be  made 
upon  him.  This  does  not  mean  that  labor  shall  not  be  justly 
dealt  with.  No  country  can  prosper  long  where  capital  does 
not  deal  fairly  with  those  who  toil  for  it.  But  I  wish  to  repeat 
that  most  reasonable  demands  can  be  secured  without  strikes 
and  that  labor  should  not  during  these  times  lay  too  much 
stress  upon  conditions  that  have  no  direct  relation  to  wages. 

Monday,  September  the  first,  has  been  set  aside  as  Labor 
Day,  and  I  wish  to  express  the  wish  that  the  day  be  devoted 
to  the  creation  of  a  better  relation  between  employers  and 
employes.  That  each  will  be  willing  to  learn  the  needs  of  the 
other  and  that  a  conciliatory  spirit  be  created,  that  will  have 
a  tendency  to  protect  us  against  industrial  idleness,  which 
would  be  the  greatest  misfortune  that  could  come  to  all  the 
people  of  our  country  at  this  time. 


FOR  THE  YEAR  1919  503 

I  hereby  declare  Monday,  September  the  first,  as 

LABOR  DAY 

and  recommend  that  it  be   generally   observed   as  a  holiday 
throughout  the  state  of  Wisconsin. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol,  in 
the  city  of  Madison,  this  twenty-ninth  day  of 
August,  in  the  year  of  our  Lord,  one  thousand 
nine  hundred  and  nineteen. 
SEAL. 

(Signed) 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor: 

MERLIN  HULL, 
Secretary  of  State. 


Armenian  Relief 

The  war  has,  we  hope,  determined  that  peoples  driven  from 
their  countries  by  brutal  invasion  shall  have  the  right  to  return, 
possess  their  lands  in  established  peace,  and  live  their  own 
national  and  political  life. 

For  3000  years  the  Armenians,  who  are  probably  the  most 
ancient  Christian  people  in  the  world,  have  formed  a  barrier 
against  the  Paganism  of  the  Orient,  and  have  been  for  over 
500  years  the  most  industrious  and  intelligent  people  in  the 
Turkish  Empire.  The  refusal  of  the  Armenians  to  fight  with 
Turkey  against  the  Allies,  let  loose  upon  these  helpless  people 
a  crusade  of  torture  and  murder  so  diabolical  as  to  be  impos- 
sible of  description.  Over  4,000,000  of  them  have  been  massa- 
cred, their  young  women  have  been  dragged  into  nameless 
captivity ;  and  of  the  survivors,  1,500,000  are  starving  to  death, 
dying  by  the  thousands  daily.  If  we  let  these  people  perish, 
we  will  be  completing  the  work  the  Turk  set  out  to  do.  This 
for  the  Americans  must  be  an  impossible  thing.  At  this  point 
the  war  for  us  is  not  yet  over. 

There  are  now  450,000  helpless,  starving  little  orphans  in 
Armenia  with  no  one  to  look  to  for  aid  but  America.  This 
country  has  never  had  a  greater  opportunity  than  is  hers  now 


504  PROCLAMATIONS 

in  caring  for  these  450,000  children,  and  in  building  in  the 
heart  of  Asia  a  nation,  the  influence  of  which  will  permeate 
throughout  that  continent.  "With  Turkey  in  unrest,  all  of  Asia 
is  in  turmoil.  With  Asia  in  arms,  Europe  must  necessarily  be- 
come embroiled,  and  when  Europe  goes  to  war,  America  now 
knows  only  too  well  the  result  for  her  in  life-blood  and  ma- 
terial resources.  If  we  save  these  people  we  save  the  world; 
let  them  perish  and  the  world  will  be  lost  to  the  dread  of  war 
for  another  generation.  It  is  not  going  to  be  a  brief  task  to 
make  this  nation  of  children  self-supporting  and  independent, 
and  to  instill  into  them  idealism  of  government  and  life,  but 
it  is  a  task  decidedly  worth  while. 

To  save  the  life  of  one  of  these  orphans  costs  only  seventeen 
cents  a  day  or  $5.00  per  month.  The  American  committee  for 
Armenian-Syrian  Relief  is  incorporated  by  Act  of  congress 
and  is  responsible  to  congress  for  report  of  its  work.  Its  re- 
mittances are  sent  through  the  state  department;  its  accounts 
in  Asia  are  audited  by  American  Consular  Agents.  Wisconsin 
headquarters  have  been  established  at  212  Baker  Block,  Racine. 
Mr.  Walter  J.  Kasten  of  Milwaukee,  is  state  treasurer. 

I  urge  upon  every  household  in  Wisconsin,  that  can  spare 
money  from  its  own  requirements  to  give  a  helping  hand  to 
these  starving  children  to  the  extent  of  agreeing  to  pay  each 
month  the  sum  necessary  to  maintain  one  young  life.  They 
are  truly  poor  and  they  belong  to  the  lowly.  Said  the  Master : 
"As  ye  do  unto  the  least  of  these,  so  do  ye  unto  Me." 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol,  in 
the  city  of  Madison,  this  thirtieth  day  of  Aug- 
ust, in  the  year  of  our  Lord,  nineteen  hundred 
and  nineteen. 
SEAL. 

(Signed) 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor: 

MERLIN  HULL, 
Secretary  of  State. 


FOR  THE  YEAR  1919  505 

Fire  Prevention  Day 

The  great  waste  of  property  in  our  state  by  fires,  a  large 
per  cent  of  which  can  be  traced  to  carelessness,  makes  it  neces- 
sary for  me  to  again  call  the  attention  of  the  people  of  the 
state  to  that  fact  and  admonish  them  to  exercise  greater  care 
in  the  maintenance  and  management  of  heating  apparatus 
both  in  the  home  and  in  the  shop.  The  high  cost  of  new  build- 
ings and  our  cramped  housing  facilities  in  the  cities  makes  fire 
prevention  a  matter  of  unusual  importance. 

I  also  wish  to  call  attention  to  the  fact  that  many  accidents 
are  occurring  in  the  shops,  on  the  highways  and  on  the  streets 
of  the  cities  of  our  state  in  which  men,  women  and  children 
have  been  maimed,  and  in  a  large  number  of  cases  lives  have 
been  lost,  causing  an  irreparable  loss  and  grief  and  sorrow  in 
the  homes.  No  doubt  many  of  these  accidents  could  have  been 
avoided  by  the  exercise  of  greater  care,  and  I  regard  it  im- 
portant that  our  people  give  at  least  one  day  to  serious  reflec- 
tion on  how  to  avoid  unnecessary  accidents  to  life  and  prop- 
erty, in  order  to  minimize  the  damages  caused  by  carelessness. 

Following  the  established  custom,  I  do  hereby  designate  and 
proclaim  Thursday,  the  ninth  day  of  October,  1919,  as 

FIRE  AND  ACCIDENT  PREVENTION  DAY 

I  urge  that  on  this  day  special  exercises  be  held  in  schools 
and  other  public  meeting  places  to  call  attention  to  the  need- 
less loss  of  life  and  waste  of  property,  through  accidents  and 
fire,  and  to  the  best  methods  of  preventing  both. 

I  further  urge  and  recommend : 

That  all  waste  and  rubbish  be  cleaned  up  and  removed  from 
private  and  public  premises, 

That  all  stoves,  boilers,  furnaces,  smoke  pipes  and  chimneys 
be  inspected  and  repaired  before  heavy  fire  is  needed, 

That  defective  electric  wiring  and  roofs  be  promptly  re- 
paired, 

That  hotels,  factories,  schools  and  all  other  public  and 
private  institutions  where  a  large  number  of  people  assemble 
or  labor  be  carefully  examined  for  life  and  fire  hazards, 

That  the  public  press  through  its  editorial  and  news  columns 
call  attention  to  the  needless  accidents  and  waste  of  property, 

That  all  teachers  give  definite  instruction  in  methods  of 
avoiding  accidents  and  fires. 


506  PKOCLAMATIONS 

That  municipal  authorities  give  special  attention  to  better 
and  safer  building  construction,  stricter  adherence  to  building 
ordinances  and  codes,  local  fire  prevention  inspections,  and 
the  improvement  of  fire  fighting  facilities  and  apparatus. 

That  fire  drills  be  held  on  that  day  in  factories,  schools,  and 
public  buildings,  and  that  teachers  observe  the  law  requiring 
monthly  fire  drills  in  all  schools. 

That  each  citizen  realize  his  duty  and  responsibility  to  his 
neighbors  and  to  the  community  to  keep  and  maintain  his 
premises  in  a  clean  and  safe  condition,  free  from  dangers  to 
life,  health  and  property. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol,  in 
the  City  of  Madison,  this  2nd  day  of  October, 
A.  D.  1919. 

SEAL. 

(Signed) 

E'MANUEiL  L.  PHILIPP, 

Governor. 
By  the  Governor: 

MERLIN  HULL, 
Secretary  of  State. 


Americanization  Day 

October  twenty-seventh  is  the  sixty-first  anniversary  of  the 
birth  of  Theodore  Roosevelt.  There  has  scarcely  been  a  time 
in  American  history  when  it  was  so  necessary  to  arouse  the 
true  American  spirit  and  to  bring  our  people  close  to  American 
Institutions  as  now,  and  in  recent  times  no  man  has  to  a  greater 
extent  exemplified  American  ideals  as  did  our  late  beloved  Ex- 
President.  It  may  be  said  of  him  that  in  his  youth  he  was 
found  faithful  over  a  few  things,  and  he  was  made  ruler  over 
many.  He  cut  his  own  trail  clear  and  straight,  and  millions 
followed  him  toward  the  light.  He  broke  a  nation's  slumber 
with  his  cry  and  it  rose  up.  He  cut  the  eyes  of  the  blind  with 
a  flame  that  gave  them  vision.  He  was  loyal  to  his  country  and 
he  exacted  loyalty.  He  loved  many  lands,  but  he  loved  his  own 
land  best.  He  was  the  type  of  American  that  the  whole  nation 
respected  although  men  could  and  did  disagree  with  him  at 


FOE  THE  YEAK  1919  507 

times.  His  interest  in  and  loyalty  to  his  country  was  never 
questioned.  He  was  a  man  of  action,  and  even  those  who  had 
the  widest  differences  with  him  in  matters  pertaining  to  the 
welfare  of  our  country  never  doubted  his  honesty. 

To  the  young  he  was?  an  inspiration  because  he  opened  to 
them  the  door  to  the  possibilities  that  stood  before  them.  To 
the  masses  of  struggling  humanity  his  presence  suggested  faith 
in  our  government  and  in  the  justice  of  its  institutions  because 
he  truly  represented  the  spirit  of  the  founders  and  the  princi- 
ples of  equality  which  they  so  carefully  guarded  in  our  consti- 
tution. 

It  is  helpful  to  good  citizenship  if  we  call  attention  to  the 
lives  and  achievements  of  our  nation's  great  men.  It  should  be 
part  of  our  plan  of  Americanization  to  teach  American  ideals 
in  our  schools  as  Theodore  Roosevelt  taught  them  to  the  people. 
THEREFORE,  I,  Emanuel  L.  Philipp,  Governor  of  the  State 
of  Wisconsin,  do  hereby  proclaim  Monday,  October  twenty- 
seventh,  1919,  as 

AMERICANIZATION  DAY 

and  request  that  upon  that  day  all  schools  set  aside  a  short 
time  for  patriotic  exercises,  dwelling  upon  the  life  and  work 
of  Theodore  Roosevelt  as  an  American,  and  the  necessity  of 
perpetuating  American  ideals. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol,  in 
the  City  of  Madison,  this  twenty-second  day  of 
October,  A.  D.  1919. 

SEAL. 

(Signed) 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor: 

MERLIN  HULL, 
Secretary  of  State. 


Armistice  Day 

November  eleventh  of  this  year  will  be  the  first  anniversary 
of  the  armistice  which  brought  about  a  cessation  of  hostilities 
in  the  World  War.  The  people  of  Wisconsin,  in  common  with 


508  PROCLAMATIONS 

the  people  of  our  country,  are  gratified  that  the  truce  has  been 
maintained  and  that  negotiations  fixing  the  basis  of  lasting 
peace  between  the  belligerent  nations  are  in  an  advanced 
stage  of  progress. 

The  people  of  Wisconsin  rejoice  at  the  return  of  American 
soldiers  from  service  abroad  and  because  of  the  natural  and 
easy  resumption  of  the  cares  of  civil  life  by  those  who  have 
been  members  of  the  military  establishment  of  the  nation.  In 
other  countries  the  disbandment  of  great  armies  nearly  always 
has  presented  a  major  problem  in  readjustments  following  war. 
Here  the  transformation  once  more  has  been  accomplished 
without  difficulty,  as  it  was  at  the  conclusion  of  the  strife  of 
more  than  half  a  century  ago,  a  consummation  in  both  instances 
speaking  well  for  the  character  of  the  American  people. 

Opinions  are  expressed  in  some  quarters  that  the  armistice 
will  be  found  to  have  marked  the  end  of  all  war — the  begin- 
ning of  a  permanent  peace  throughout  the  world.  It  is  a  beau- 
tiful thought — in  fact,  a  hope  that  we  may  well  wish  will  be  fully 
realized.  Selfishness  has  been  responsible  for  most  wars;  it  is 
an  instinct  that  every  person  seems  to  possess  in  a  greater  or 
less  degree,  and  as  long  as  men  are  selfish  nations  will  not  be 
morally  above  the  level  of  those  who  rule  them.  Unfortunately 
the  war  with  its  attending  miseries  has  not  changed  human 
nature.  While  we  cannot  guarantee  a  permanent  peace  to 
the  world,  we  as  a  nation  should  use  our  influence  against  war 
whenever  we  can  do  so  without  a  sacrifice  of  our  national 
honor  or  the  surrender  of  any  important  rights'  that  are  essen- 
tial to  the  happiness  of  our  people. 

While  celebrating  Armistice  Day  the  American  people  will 
remember  that  both  the  army  and  the  navy  rendered  distin- 
guished service  which  brought  the  war  to  a  speedy  close,  and 
that  patriotic  devotion  such  as  American  soldiers  and  sailors 
manifested  in  time  of  war  is  due  to  the  nation  from  all  its  cit- 
izens in  peace  as  it  is  in  war. 

Following  the  war  there  has  existed  a  widespread  spirit  of 
unrest  and  discontent  from  which  our  own  country  is  not 

entirely  free,  though  its  most  violent  manifestations  have  taken 

*t) 
place  in  other  lands.     At  such  a  tiilTe  the  patriotic  American 

people  will  be  especially  alert  to  resist  the  evil  designs  of  those 
who  are  not  in  sympathy  with  our  sentiments  to  be  dampened 
by  unfair  or  false  criticisms  of  our  government,  nor  place  any 


FOR  THE  YEAR  1919  509 

faith  in  the  un-American  doctrines  that  are  brought  to  us  from 
foreign  shores.  Let  us  all  remain  faithful  to  our  constitution. 
It  has  protected  us  in  our  liberties  since  the  foundation  of  the 
government  and  it  will  do  so  in  the  future  if  we  will  adhere  to 
its  fundamental  principles. 

Because  of  the  importance  of  the  event,  I,  Emanuel  L.  Phil- 
ipp,  Governor  of  the  State  of  Wisconsin,  suggest  the  observ- 
ance of  Tuesday,  November  eleventh,  1919,  as  Armistice  Day 
by  the  people  of  Wisconsin.  I  recommend  that  patriotic  serv- 
ices be  held  in  the  schools  and  colleges  of  the  state  and  that 
the  American  flag  be  displayed  from  all  public  buildings,  and 
I  further  recommend  that  a  brief  portion  of  the  day  be  devoted 
to  patriotic  exercises  wherever  that  is  possible. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol,  in 
the  City  of  Madison,  this  fifth  day  of  November, 
A.  D.  1919. 

SEAL. 

(Signed) 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor: 

MERLIN  HULL, 
Secretary  of  State. 


Thanksgiving  Day 

It  is  an  established  custom  in  our  country  that  dates  back 
to  early  settlements  to  set  aside  a  day  for  the  worship  of  God 
and  thanksgiving  for  the  bountiful  crops  of  the  year  and  for 
the  fact  that  the  soil  yielded  enough  to  feed  our  people.  This 
year  a  sufficient  supply  of  food  has  been  produced  to  make  fam- 
ine impossible  in  any  part  of  our  land,  and  for  this  fact  let  us 
be  truly  grateful  to  Him  who  gave  it. 

Because  we  have  been  favored  with  a  food  supply  which  ex- 
ceeds our  own  necessities,  we  should  not  be  unmindful  of  our 
duty  to  the  people  of  other  lands  who  have  been  less  fortunate 
than  we  and  who  are  actually  suffering  the  pangs  of  hunger, 
and  give  to  them  from  our  surplus  in  order  that  they  too  may 


510  PKOCLAMATIONS 

live  and  enjoy  God's  generosity  to  us.  If  we  pursue  a  generous 
policy  in  this  respect  we  shall  not  commit  the  sin  of  selfishness. 
At  our  last  Thanksgiving  Day  the  great -World  War  had 
just  come  to  a  close  by  the  signing  of  the  armistice.  Our  boys 
in  the  army  and  navy  were  still  in  the  service  and  there  was 
great  anxiety  among  our  people  concerning  their  return.  A 
year  has  elapsed  without  the  resumption  of  hostilities;  our 
young  men  who  escaped  the  extreme  fate  of  a  soldier  have  been 
returned  to  us  and  have  again  resumed  their  civil  occupations. 
As  we  assemble  to  offer  thanks  for  the  year's  blessings  let  us 
not  forget  to  express  our  deep  appreciation  of  the  services  of 
our  sons  and  daughters  who  were  able  to  respond  to  the  call 
to  the  colors  and  participate  in  the  defense  of  our  country,  and 
express  our  gratitude  for  their  return.  And  I  ask  the  good  peo- 
ple of  Wisconsin  not  to  forget  to  bring  a  word  of  consolation 
and  cheer  to  the  homes  of  those  who  gave  their  lives  to  their 
country  and  are  therefore  not  here  now  to  rejoice  with  us. 

As  we  review  the  situation  in  the  world  in  the  past  four  years 
we  cannot  avoid  the  conclusion  that  our  country  and  its  people 
have  been  fortunate  indeed  to  escape  with  no  greater  loss  than 
we  have  sustained.  I  do  not  wish  to  underestimate  the  value 
of  the  fifty  thousand  or  more  lives  that  were  lost  during  the 
war,  and  yet  compared  with  the  sacrifices  made  by  other  na- 
tions, it  is  but  a  small  number.  Our  agriculture  flourished  and 
we  have  at  all  times  had  sufficient  food.  Work  has  been  plenti- 
ful at  unprecedented  wages,  and  nowhere  in  our  land  was  there 
hunger  or  deprivation  among  those  who  were  able  to  render 
sufficient  service  to  earn  a  comfortable  living. 

Compared  with  the  history  of  other  nations  during  the  same 
period,  the  American  people  have  indeed  much  to  be  thankful 
for  and  it  would  seem  that  only  the  best  of  feeling  and  good  will 
should  exist  in  our  country.  There  is,  nevertheless,  a  widespread 
feeling  of  unrest  and  dissatisfaction.  It  seems  that  agitators, 
who  in  the  main  are  men  of  evil  thought  and  design,  have  seen 
fit  to  take  advantage  of  what  looks  to  them  as  a  most  favorable 
opportunity  to  harrass  the  government  and  spread  discontent 
among  the  people.  We  may,  however,  feel  confident  that  this 
sentiment  will  in  due  time  be  overcome  and  that  our  government 
is  in  no  sense  in  danger. 

In  order  that  there  be  no  cause  for  complaint  let  us  strive  to 


FOE  THE  YEAR  1919  511 

establish  a  just  relation  between  capital  and  labor  wherever  in- 
justice may  exist ;  and  when  that  is  established  let  us  demand  of 
every  man  who  seeks  the  protection  of  our  country  and  its  laws 
that  he  be  a  genuine  American  in  all  that  the  term  implies  and 
forever  banish  from  our  shores  those  who  would  preach  discon- 
tent and  sedition;  and  when  we  have  rid  ourselves  of  the  ene- 
mies of  organized  government,  and  particularly  the  enemies  of 
this  great  republic,  we  will  have  accomplished  something  that 
our  children  and  the  generations  to  come  will  be  truly  thankful 
for. 

Therefore,  I,  Emanuel  L.  Philipp,  Governor  of  the  State  of 
Wisconsin,  do  hereby  designate  and  appoint  Thursday,  the  twen- 
ty-seventh day  of  November,  the  day  set  apart  by  the  President 
of  the  United  States  as 

THANKSGIVING  DAY 

and  I  recommend  that  our  people  meet  on  that  day  in  their 
accustomed  places  of  worship  and  acknowledge  their  indebted- 
ness to  God  for  the  favors  that  have  come  to  us  during  the  past 
year  and  ask  His  guidance  in  the  settlement  of  the  many  diffi- 
cult tasks  we  have  before  us. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol,  in 
the  City  of  Madison,  this  eleventh  day  of  No- 
vember, in  the  year  of  our  Lord,  one  thousand 
nine  hundred  and  nineteen. 
SEAL. 

(Signed) 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor: 

MERLIN  HULL, 
Secretary  of  State. 


Actors'  Memorial  Day 

For  the  splendid  support  given  to  our  country  during  the 
World  War  we  feel  grateful  to  every  class  of  people.  The  country 
needed  the  hearty  support  of  the  people  in  every  trade  and  pro- 
fession, and  in  expressing  our  appreciation  we  should  not  for- 


512  PROCLAMATIONS 

get  any  class  that  was  helpful  to  the  nation  during  the  time  of 
serious  trouble. 

Perhaps  no  single  profession  contributed  more  to  the  main- 
tenance of  a  good  spirit  and  the  promotion  of  patriotic  senti- 
ment than  did  the  actors  who  during  the  war  period  occupied 
the  American  stage.  Nor  was  this  their  only  contribution,  they 
responded  freely  to  the  demands  of  the  government  for  money 
and  other  support — in  fact,  their  conduct  during  the  war  was 
such  as  to  commend  them  to  the  kind  considerations  of  the 
American  people. 

The  stage  is  in  a  measure  a  school ;  the  actors  are  the  teachers 
and  the  lessons  in  patriotism  that  they  taught  by  word  and  by 
illustrations  were  helpful  in  creating  the  patriotic  sentiment 
that  the  war  needed  for  its  support. 

Entirely  aside  from  any  debt  that  we  owe  them  for  their 
generous  support  of  our  country,  the  people  in  this  profession 
are  entitled  to  our  encouragement.  In  the  main  they  are  men 
and  women  whom  nature  has  endowed  with  special  talents, 
who  create  within  us  a  love  for  that  which  is  best  in  music,  art 
and  literature.  Those  who  entertain  us  with  their  humor  ren- 
der a  service  to  us  by  dispelling  the  gloom  that  accumulates 
during  the  hours  of  labor,  and  make  our  hearts  lighter  and  life 
more  cheerful.  We  admire  these  people;  we  wish  them  pros- 
perity; however,  with  few  exceptions  their  reward,  outside  of 
personal  popularity,  is  small,  and  their  professional  career  is  us- 
ually short.  Faces  wrinkled  by  age  and  infirm  bodies  do  not 
as  a  rule  attract  large  and  profitable  audiences,  and,  not  unlike 
some  other  professions  that  serve  the  people,  many  men  and 
women  who  give  their  best  to  the  stage  find  themselves  poor  at 
the  close  of  their  stage  lives. 

A  movement  has  been  placed  on  foot  to  recognize  December 
fifth  as  Actors'  Memorial  Day.  I  am  assured  that  this  is  in  no 
sense  a  begging  scheme,  but  merely  a  movement  on  the  part  of 
the  people  to  aid  the  actors'  profession  in  building  up  an  actors' 
fund  for  the  benefit  of  the  men  and  women  in  the  profession 
as  a  fitting  recognition  of  their  services. 

Therefore,  I,  Emanuel  L.  Philipp,  Governor  of  the  State  of 
Wisconsin,  do  hereby  declare  Friday,  December  fifth,  1919,  as 

ACTORS'  MEMORIAL  DAY, 
and  urge  the  people  of  Wisconsin  to  give  their  generous  support 


FOR  THE  YEAR  1919  513 

to  the  people  in  the  theatrical  profession  to  whom  we  are  in- 
debted for  much  both  in  time  of  war  and  in  peace. 
IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.     Done  at  the  Capitol,  in 
the  City  of  Madison,  this  nineteenth  day  of  No- 
vember, A.  D.  1919. 

SEAL. 

(Signed) 

EMANUEL  L.  PHILLIP, 

Governor. 
By  the  Governor: 
MERLIN  HULL, 
Secretary  of  State. 


In  Support  of  Wisconsin  Anti-Tuberculosis  Association 
Firmly  convinced  that  the  health  of  the  people  is  a  state's 
greatest  asset  and  that  the  loss  of  human  life  and  human  pro- 
ducing power  through  needless  death  and  disease  is  its  greatest 
waste  of  valuable  resources,  I  hereby  designate  the  week  of  De- 
cember 14th  as  a  special  Health  Conservation  week  and  urge  the 
people  of  the  state  to  give  loyal  cooperation  in  furthering  the 
state's  organized  campaign  against  preventable  disease  and  for 
better  health. 

Wisconsin  ranks  high  among  the  states  of  the  union  in  its 
health  work.  The  organized  campaign  against  tuberculosis  has 
proved  the  power  of  the  people  to  control  preventable  and  com- 
municable diseases  by  utilizing  scientific  knowledge  and  by  edu- 
cating the  people.  It  has  proved  that  tuberculosis  is  both  cur- 
able and  preventable  by  steadily  cutting*  down  the  death  rate 
and  by  restoring  each  year  through  sanatorium  care  the  health 
and  producing  power  of  scores  of  men,  women  and  children. 

In  spite  of  this  gratifying  progress,  however,  tuberculosis 
still  remains  the  greatest  single  menace  to  public  health.  It  is 
the  costliest  of  all  diseases.  It  caused  2,319  deaths  in  Wiscon- 
sin in  1918.  It  claims  its  greatest  number  of  victims  between 
the  ages  of  18  and  45,  the  period  of  young  parenthood,  of  great- 
est earning  ability  and  of  greatest  economic  value.  Its  preva- 
lence among  children  is  appalling  and  is  just  beginning  to  be 
realized. 


514  PROCLAMATIONS 

There  are  in  Wisconsin  approximately  2,900  young  men  of 
draft  age  who  were  not  allowed  to  serve  in  the  recent  war  be- 
cause tuberculosis  made  them  unfit  to  fight.  These  men  and  oth- 
er sufferers  from  the  disease  must  be  cared  for.  Families  and 
friends  must  be  protected  from  the  danger  of  contagion. 

The  constructive  work  of  peace,  especially  in  these  unsettled 
times,  with  their  tremendous  obligations,  also  calls  for  a  max- 
imum efficiency.  Physical  and  mental  fitness  are  as  essential 
now  as  they  were  in  the  war  emergency.  Health  conservation 
is  therefore  a  civic  duty. 

To  this  end  I  urge  that  generous  support  be  given  the  Wis- 
consin Anti-Tuberculosis  Association  in  the  annual  sale  of  Red 
Cross  Christmas  seals '  with  which  it  finances  the  educational 
campaign  against  preventable  disease.  In  this  sale  it  is  the  state 
representative  of  the  National  Tuberculosis  Association  and 
the  American  Red  Cross.  The  work  that  it  is  doing  means  a 
better,  healthier  Wisconsin  and  cannot  be  commended  too  high- 
ly or  supported  too  loyally. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol,  in 
the  City  of  Madison,  this  fifth  day  of  December, 
A.  D.  1919. 

SEAL. 

(Signed) 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor: 

MERLIN  HULL, 
Secretary  of  State. 


Father  and  Son  Week 

The  foundation  for  much  that  is  good  within  us  is  laid  in  the 
days  of  our  youth.  Honesty,  industry  and  love  of  country  are  vir- 
tues that  should  be  brought  to  the  attention  of  the  young  minds, 
especially  to  the  boys,  early  and  often.  Character  building  is  a 
duty  that  is  often  neglected,  which  is  responsible  for  the  miscon- 
duct of  some  young  persons  who  would  not  diverge  from  the 
path  of  duty  if  they  had  been  properly  led  in  the  days  of  their 
youth  by  those  who  have  the  greatest  influence  over  them. 


FOR  THE  YE.AK  1920  515 

Every  father  can  easily  cultivate  the  love  of  his  son  and  can 
promote  in  him  an  ambition  to  be  a  worthy  citizen  and  a  desire 
to  have  the  respect  of  his  fellowmen. 

The  love  of  country  must  be  instilled  in  the  young  heart. 
If  that  be  done,  it  will  lay  the  foundation  for  good  citizenship 
for  a  lifetime.  Upon  the  boys  of  today  rest  the  responsibilties 
of  the  future,  and  it  should  be  our  purpose  to  prepare  them  for 
that  responsibility  in  so  far  as  it  is  possible  to  do  it. 

In  order  to  bring  father  and  son  in  a  closer  relation  for  their 
mutual  good,  the  custom  has  sprung  up  to  set  aside  a  week  in 
the  month  of  February  to  be  known  as 

"FATHER  AND  SON  WEEK." 

This  year  the  days  of  February  16th  to  21st,  both  inclusive,  have 
been  selected  for  this  purpose. 

I  earnestly  recommend  that  every  father  who  has  a  son  will 
make  a  special  effort  to  establish  a  closer  relation  with  him, 
in  order  that  he  may  lead  him  in  the  paths  that  he  should  be 
led  to  develop  that  type  of  manhood  which  is  so  essential  to 
his  success. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol,  in 
the  City  of  Madison,  this  fourth  day  of  Febru- 
ary, in  the  year  of  our  Lord,  one  thousand  nine 
hundred  and  twenty. 
SEAL. 

(Signed) 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor: 
MERLIN  HULL, 
Secretary  of  State. 


Arbor  and  Bird  Day 

The  season  of  spring  is  with  us.  Nature  is  awakening;  the 
trees  are  budding,  and  the  birds  have  returned  to  their  sum- 
mer home.  It  is  a  time  when  we  should  all  be  impressed  by  the 
beauties  of  nature  and  we  should  be  willing  to  aid  her  in  her 
effort,  to  please  us  by  ornamenting  our  home  surroundings,  par- 


516  PROCLAMATIONS  . 

ticularly  our  yards  and  lawns,  by  planting  flowers  and  trees, 
all  of  which  adds  beauty  to  the  city  and  the  country. 

We  should  also  give  our  attention  to  the  bird  life  by  building 
suitable  houses  or  bird  homes  for  them  and  do  all  things  that 
will  bring  these  beautiful  creatures  closer  to  us,  in  order  that 
we  may  have  the  full  enjoyment  of  their  presence. 

Nature  is  kind  to  us,  if  we  will  give  her  an  opportunity.  How- 
ever, she  will  not  entirely  unfold  her  beauty  without  an  effort 
on  our  part,  and  it  is  with  this  thought  in  mind  that  the  Legis- 
lature of  our  state  has  provided  by  statute  that  a  day  be  set 
aside  during  the  month  of  May  on  which  the  things  which  I 
herein  call  your  attention  to  shall  be  carried  out. 

It  is  important  that  the  school  children  of  the  state  receive 
instruction  in  the  value  of  plant  'and  bird  life,  and  I  suggest 
that  sufficient  time  be  set  aside  for  appropriate  exercises  and 
lectures  by  the  teachers  upon  this  important  subject  on  the 
day  set  apart  for  it. 

In  accordance,  therefore,  with  the  established  law  and  custom, 
I,  Emanuel  L.  Philipp,  Governor  of  the  State  of  Wisconsin,  do 
hereby  proclaim  Friday,  the  Seventh  day  of  May,  1920, 

ARBOR  AND  BIRD  DAY. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol,  in 
the  City  of  Madison,  this  thirtieth  day  of  April, 
in  the  year  of  our  Lord,  one  thousand  nine  hun- 
dred and  twenty. 
SEAL. 

(Signed) 

EMANUEL  L.  PHI  LI  I' I', 

Governor. 
By  the  Governor: 
MERLIN  HULL, 
Secretary  of  State. 


Ship  By  Truck 

In  harmony  with  the  action  taken  by  the  executives  of  many 
other  states,  I  take  pleasure  in  calling  the  attention  of  the  peo- 
ple of  Wisconsin  to  what  has  been  designated  throughout  the 
Union  as  "National  Ship  by  Truck"  week,  May  17th  to  22nd. 


FOR  THE  YEAR  1920  517 

The  purpose  of  this  week  is  to  focus  the  attention  of  the  peo- 
ple on  the  advantages  of  the  motor  truck  as  a  medium  of  short- 
haul  transportation.  In  the  present  congested  condition  of  our 
railroad  facilities,  the  problem  of  transportation  is  an  extremely 
acute  one,  and  any  means  which  tends  to  relieve  this  conges- 
tion should  be  encouraged.  The  encouragement  of  the  use  of 
the  motor  truck  as  a  means  of  short-haul  transportation,  this  re- 
lieving the  railroads  of  part  of  their  burden,  is  worthy  of  our 
serious  consideration. 

Joining  in  the  nation-wide  "Ship  by  Truck"  week  movement, 
I  ask  the  people  of  Wisconsin  during  that  week  to  direct  their 
attention  to  the  important  place  of  truck  transportation  and  its 
value  in  assisting  to  solve  our  national  transportation  problem, 
which  today  is  in  a  most  acute  condition. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  rny  hand 
and  caused  the  Great  Seal  of  this  state  to  be 
affixed  this  fifth  day  of  May,  1920. 

SEAL. 

(Signed) 

EMANUEL  L.  FHILIPP, 

Governor. 
By  the  Governor : 
MERLIN  HULL, 
Secretary  of  State. 


Convening  the  Legislature  in  Special  Session 

I,  Emanuel  L.  Philipp,  Governor  of  the  State  of  Wisconsin, 
under  and  by  virtue  of  Section  4  of  Article  V  of  the  Consti- 
tution of  said  state,  which  provides  that  the  Governor  shall  have 
power  to  convene  the  Legislature  on  extraordinary  occasions, 
do  issue  this,  my  proclamation,  to  convene  the  Legislature  of 
said  state,  at  the  seat  of  government  at  Madison,  on  the  25th 
day  of  May,  A.  D.,  1920,  at  2 :00  o'clock  in  the  afternoon  of  that 
day,  to  consider  and  act  upon  the  following  subjects  of  legisla- 
tive business,  to-wit: 

1.  Amending  existing  statutes  and  enacting  new  laws  gov- 
erning the  relations  between  landlords  and  tenants,  in  so  far  as 
said  relations  affect  office  buildings,  tenement  houses,  apart- 
ment houses,  flat  buildings,  duplex  buildings  and  dwelling  hous- 
es located  in  cities  and  in  villages  in  counties  having  a  pop- 


518  PROCLAMATIONS 

illation  of  two  hundred  fifty  thousand  or  over,  provided  no  such 
law  shall  affect  any  dwelling  house  that  is  partially  occupied  by 
the  owner  thereof  for  residential  purposes;  such  new  laws  to 
provide  protection  for  tenants  by  prohibiting  unjust  and  unrea- 
sonable rents,  compelling  landlords  to  maintain  adequate  serv- 
ice and  protecting  tenants  against  unjust  and  unreasonable 
evictions;  such  new  laws  to  also  regulate  the  business  of 
rent  brokers  or  persons  engaged  in  buying  and  selling  leases, 
by  preventing  them  from  demanding  or  collecting  unjust  and 
unreasonable  rents,  and  such  other  provisions  as  may  be  deemed 
necessary  for  the  reasonable  control  of  such  rentals.  Also  mak- 
ing an  appropriation  to  the  Railroad  Commission  for  the  ad- 
ministration of  such  laws,  and  likewise  an  appropriation  to  pay 
the  expenses  incurred  by  the  committee  appointed  by  the  Gov- 
ernor to  investigate  the  question  of  rents. 

2.  Amending  paragraph    (b)    of  subsection    (4)    of  section 
20.36  and  paragraph  (b)  of  subsection  (2)  of  section  20.39  of 
the  statutes,   increasing  the   mill  tax  for   the  support  of  the 
normal  schools  and  university. 

3.  Increasing  the  appropriations  for  operation,  maintenance 
and  capital  account  of  the  university. 

4.  Providing  for  the  establishment  of  a  state  general  hos- 
pital in  connection  with  the  medical  school  at  the  Unversity,  and 
for  the  treatment  of  patients  therein. 

5.  Making  an  appropriation  creating  a  revolving  fund  for 
the  preparation,  cost  of  transportation  and  distribution  of  ex- 
plosives for  land  clearing  and  other  purposes. 

6.  Amending  paragraph    (a)    of  subsection    (2)    of  section 
20.38  of  the  statutes  by  increasing  the  appropriation  for  the 
general  operation  of  normal  schools. 

7.  Increasing  the  appropriation  for  operation  and  making 
an  appropriation  for  equipment  of  Stout  Institute. 

8.  Increasing  the  appropriation  for  operation  and  capital  of 
the  Wisconsin  mining  school. 

9.  Amending  subsection  (2)  of  section  39.14  of  the  statutes, 
relating  to  salaries  for  supervising  teachers. 

10.  Amending  subsection    (2)    of  section  39.04  of  the  stat- 
utes, relating  to  salaries  of  county  superintendents  of  schools. 

11.  Increasing  the  minimum  salaries  of  teachers  in  the  pub- 


FOR  THE  YEAR  1920  519 

lie  schools  and  increasing  the  minimum  rate  of  taxation  to  take 
care  of  such  salary  increase. 

12.  Increasing  the  state  aid  for  county  training  schools. 

13.  Amending  paragraph   (a)   of  subsection    (1)   of  section 
40.42  of  the  statutes,  relating  to  non-resident  tuition  fees  in  first 
class  state  graded  schools  offering  instruction  in  the  ninth  or 
tenth  or  in  the  ninth  and  tenth  grades. 

14.  Amending  the  statutes  relating  to  the  creation  and  organ- 
ization of  union  free  high  school  districts. 

15.  Amending  subsection  (3)  of  section  41.16  of  the  statutes, 
increasing  the  tax  rate  for  vocational  education. 

16.  Making  an  appropriation  to  the  Free  Library  Commis- 
sion for  the  operation  of  the  library  school. 

17.  Amending  subsection   (17)   of  section  20.17,  relating  to 
the  industrial  home  for  women. 

18.  Providing   comfort  stations   at  the   state   fair  grounds, 
and  making  an  appropriation  therefor. 

19.  Making  an  appropriation  to  the  state '  inter-department 
committee  on  community  councils. 

20.  Amending  subsections   (1)   and   (5)  of  section  59.57  of 
the  statutes,  relating  to  the  fees  of  registers  of  deeds. 

21.  Amending  sections  959-33  and  959-35b  of  the  statutes, 
and  re-enacting  section  959-32  of  the  statutes  of  1917,  relating 
to  payment  of  contractors  for  public  improvements  and  legal- 
izing proceedings  taken  and  contracts  made  for  such  improve- 
ments in  disregard  of  chapter  520,  laws  of  1919. 

22.  Authorizing  cities  to  issue  bonds  for  .the  construction  of 
breakwaters. 

23.  Validating  and  legalizing  bonds  heretofore  authorized  by 
cities  and  counties  and  the  proceedings  preliminary  to  such  au- 
thorization. 

24.  Authorizing  cities  of  the  first  class  to  accept  and  pay 
for  concrete  posts  heretofore  furnished  such  cities  for  the  mu- 
nicipal lighting  system  therein,  notwithstanding  the  contracts 
therefor  were  let  without  calling  for  bids  as  provided  for  by 
the  charter  of  said  cities  and  notwithstanding  said  posts  were 
made  by  a  patented  machine,  and  validating  contracts  hereto- 
fore entered  into  for  said  posts  in  disregard  of  said  charter 
provisions. 


520  PROCLAMATIONS 

25.  Authorizing  the  transfer  of  any  unexpended  balance 
in  the  Service  Recognition  fund,  created  by  chapter  667,  Laws 
of  1919,  to  the  general  fund  for  the  purpose  of  carrying  out  the 
provisions  of  chapter  5,  Laws  of  1919,  special  session,  known 
as  the  Educational  Bonus  Law. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol,  in 
the  City  of  Madison,  this  nineteenth  day  of 
May,  in  the  year  of  our  Lord,  one  thousand  nine 
hundred  and  twenty. 
SEAL. 

(Signed) 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor: 
MERLIN  HULL, 
Secretary  of  State. 


Memorial  Day 

The  American  people  are  deeply  indebted  to  the  brave  men 
and  noble  women  who  have  assumed  the  burdens  of  our  wars, 
and  who  gave  their  labor,  their  blood  and  their  tears  to  our 
country,  not  merely  for  themselves  and  their  own  purposes 
but  for  the  present  generation  and  for  those  who  are  yet  to 
come.  They  willingly  made  the  sacrifice  that  our  country 's  in- 
terest demanded,  because  of  their  love  for  American  freedom 
and  American  ideals. 

In  order  that  the  deeds  of  those  who  offered  their  lives  in 
the  defense  of  our  country  be  not  forgotten,  a  custom  has  been 
established  to  set  aside  a  day  'in  the  month  of  May  when  all  in- 
dustry shall  cease  and  the  people  devote  their  time  and  thought 
to  a  review  of  the  human  sacrifice  that  has  been  made  for  us.  to 
appropriately  decorate  the  graves  of  our  soldiers  and  sailors 
whose  final  resting  place  is  with  us,  and  to  hold  patriotic  meet- 
ings for  the  purpose  of  reviewing  the  heroic  deeds  of  the  dead, 
in  order  that  their  memories  shall  live  and  that  the  living  may 
profit  by  the  unselfish  examples  that  the  history'  of  our  past 
places  before  us. 

For  many  years  we  devoted  our  thoughts  on  this  solemn  occa- 


FOR  THE  YEAR  1920  521 

sion  to  the  soldiers  and  sailors  who  responded  to  the  call  of 
Abraham  Lincoln  to  preserve  this  Union  of  States  and  estab- 
lish a  country  that  is  truly  free.  This  year  we  shall  also  honor 
the  brave  men  who  gave  their  lives  to  our  country  and  its 
ideals  during  the  recent  war,  and  I  must  not  fail  to  remind  you 
to  honor  those  who  fell  in  foreign  lands  and  whose  graves  are, 
therefore,  not  with  us. 

It  is  a  day  of  renewed  sorrow  in  many  homes  and  I  ask  that 
you  give  special  consideration  to  the  mothers  whose  sons  did  not 
return,  and  that  each  be  given  an  appropriate  flower  to  wear 
on  this  day  as  a  mark  of  appreciation  by  the  people  of  the  state 
of  Wisconsin  of  the  services  of  her  son  to  his  country  and  the 
great  sacrifice  that  she  has  made  for  us. 

We  are  living  in  a  period  when  organized  government  is  in 
peril  throughout  the  world.  It  is  difficult  for  us  to  understand 
why  our  own  country,  with  a  government  that  is  so  free  that 
it  gives  every  citizen  every  wholesome  liberty,  can  be  subjected 
to  severe  criticism  and  even  threatened  by  an  element  of  people 
who  have  been  persuaded  to  believe  that  they  are  being  op- 
pressed. Surely  the  government  is  responsive  to  the.  will  of  the 
people  and  whatever  changes  are  necessary  will  in  due  time  be 
made  by  the  people  in  an  orderly  way  through  new  representa- 
tion. 

We  must  not  forget  the  fact  that  it  is  but  a  few  months  more 
than  a  year  since  the  last  shot  was  fired  in  a  great  war  that 
upset  the  economic  conditions  over  the  entire  world.  The  eco- 
nomic levels  that  will  set  all  things  right  cannot  be  re-estab- 
lished in  a  day  or  a  year  nor  should  our  government  be  blamed 
or  even  criticised  because  of  conditions  that  hsive  been  forced 
upon  us  by  Europe. 

I  believe  it  to  be  entirely  appropriate  upon  this  day  of  pa- 
triotic devotion,  dedicated  to  the  defenders  of  our  country,  to 
admonish  the  people  to  remain  calm,  and  true  to  our  govern- 
ment and  its  institutions,  and  to  have  faith  in  the  ability  of  our 
chosen  representatives  to  re-establish,  so  f&r  as  government  can. 
conditions  that  will  be  fair  and  just  to  all,  and  that  the  happi- 
ness and  contentment  that  prevailed  in  this  country  from  the 
foundation  of  this  government  up  to  the  time  of  the*  beginning 
of  the  great  world  war  will  return  to  us,  and  that  the  enemies 
of  this  republic  will  again  be  forced  to  admit  that  a  govern- 


522  PROCLAMATIONS 

ment  by  the  people,  under  our  organic  law,  is  the  best  type  of 
government  that  human  genius  has  been  able  to  invent. 

THEREFORE,  I,  Emanuel  L.  Philipp,  Governor  of  the  State 
of  Wisconsin,  hereby  designate  Monday,  May  thirty-first,  1920 

MEMORIAL,  DAY 

and  I  request  that  the  people  meet  in  the  schoolhouses  and 
churches  and  other  public  meeting  places  and  devote  their 
thoughts  to  our  national  ideals,  to  sing  patriotic  songs,  and  to 
do  those  things  that  I  have  suggested  in  this  proclamation. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol,  in 
the  City  of  Madison,  this  twentieth  day  of  May. 
A.  D.  1920. 
SEAL. 

(Signed) 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor : 
MERLIN  HULL, 
Secretary  of  State. 


Labor  Day 

The  welfare  of  labor  and  the  best  interests  of  the  state  are 
identical.  In  a  broad  sense  all  who  toil  are  laborers,  whether 
they  work  with  their  hands  or  with  their  brains,  on  the  farm  or 
in  the  factory.  Labor  constitutes  the  bulk  of  our  citizenship 
and  its  welfare  is  the  paramount  interest  of  the  state. 

Wisconsin  has  sought  to  deal  fairly  with  labor.  The  laws 
which  it  has  enacted  for  the  benefit  of  the  man  who  toils  are 
noted  the  country  over  for  their  fairness  and  liberality. 

All  history  is  a  record  of  the  advance  of  the  common  man  and 
while  we  have  not  yet  reached  ideal  conditions,  in  no  other  land 
is  the  honest  toiler  more  respected  or  better  paid. 

Constructive  improvements  in  the  conditions  of  the  common 
laborer  are  in  the  line  of  true  social  progress.  Agitation  and 
radical  change,  however,  lead  only  to  ruin.  In  Russia  today 
under  the  "dictatorship  of  the  proletariat",  the  common  man  is 
starved,  enslaved  and  terrorized. 

With  few  exceptions,  the  working  men  in  Wisconsin  believe  in 


FOR  THE  YEAR  1920  523 

our  country  and  in  our  institutions.  Wisconsin  takes  rank 
among  the  greatest  of  agricultural  and  manufacturing  states 
because  of  the  industry  and  good  common  sense  of  its  toilers. 

Labor  is  the  foundation  stone  of  happiness,  wealth  and  pros- 
perity. Without  it  our  fertile  fields  would  be  a  wilderness  and 
a  barren  waste,  our  great  manufacturing  plants  a  thing  un- 
known. Civilization  is  measured  by  the  yard  stick  of  honest  toil. 
Let  us  then  pay  our  tribute  to  the  toiler,  recognizing  that  to  him 
is  due  much  of  the  sum  total  of  the  world 's  happiness. 

We  must  recognize  also  that  only  through  cooperation  between 
capital  and  labor  can  industry  be   maintained.     The  greatest 
need  of  the  present  day  is  a'  better  understanding  between  man- 
agement and  labor,  to* the  end  that  there  may  be  harmony  ami 
contentment,  added  production  and  increased  benefits. 
I  urge  upon  all  to  apply  the  text  of  the  Golden  Rule. 
I  hereby  declare  Monday,  September  6,  1920, 

LABOR  DAY 

and  recommend  that  it  be  observed  as  a  holiday  throughout  the 
state  of  Wisconsin. 

IN  TESTIMONY  WHEREOF,!  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol,  in 
the  City  of  Madison,  this  first  day  of  Septem- 
ber, in  the  year  of  our  Lord,  one  thousand  nine 
hundred  and  twenty. 
SEAL. 

(Signed) 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor: 
MERLIN  HULL, 
Secretary  of  State. 


Second  Anniversary  of  Armistice  Day 

November  eleventh  of  this  year  will  be  the  second  anniversary 
of  the  armistice  which  brought  about  a  cessation  of  the  hostilities 
in  World  War.  It  is  an  anniversary  of  an  event  which  the 
people  of  our  country,  and  in  fact  the  people  of  the  entire  civ- 
ilized world,  received  with  joy  because  it  meant  the  beginning 


524  PROCLAMATIONS 

of  an  end  of  the  sacrifice  of  human  life  and  all  the  miseries  that 
associated  with  war. 

It  is  a  great  satisfaction  to  us  all  that  the  terms  of  the  arm- 
istice have  been  well  observed  by  all  the  belligerent  nations 
and  that  despite  the  fact  that  our  country  has  been  unable  to 
conclude  terms  of  peace  with  the  nations  with  which  we  were 
at  war,  there  has  been  no  disposition  to  renew  hostilities  and 
no  further  sacrifice  of  American  blood  and  treasure  has  been 
demanded  of  us. 

In  our  own  country  we  have  passed  through  two  years  of 
reconstruction  without  serious  consequences,  and  no  demand  has 
been  made  upon  our  young  manhood  for  any  further  sacrifice 
to  protect  the  peace  and  safety  of  our  people  at  home.  All  this 
speaks  well  for  the  stability  of  our  population,  and  again  demon- 
strates to  the  world  that  this  republic  is  safe  under  all  condi- 
tions. 

The  late  war  has  again  forcefully  taught  the  lesson  that  a 
government  is  no  stronger  than  its  military  forces  and  that  AVC 
are  at  all  times  dependent  upon  those  who  are  capable  of  render- 
ing military  service  to  protect  our  homes  and  firesides  against 
our  enemies  who  may  seek  to  destroy  us.  We  should,  therefore, 
at  all  times  have  a  proper  appreciation  of  the  men  and  women 
who  have  rendered  military  service,  and  I  call  upon  the  people 
of  Wisconsin  to  devote  as  much  of  this  day  as  they  can  spare 
from  their  labors  to  a  recognition  of  the  services  of  the  survivors 
of  the  late  war,  and  I  do  especially  request  that  our  memories  of 
those  who  lost  their  lives  in  the  great  conflict  be  revived  and 
that  their  names  be  placed  before  the  living  as  examples  of  pa- 
triotic devotion  to  our  country. 

I  recommend  that  an  hour  be  devoted  in  each  and  every 
school  to  a  review  of  our  country's  participation  in  the  World 
War  and  the  service  rendered  by  our  soldiers,  sailors  and  nurses, 
in  order  that  our  young  people  may  grow  up  with  a  proper 
appreciation  of  that  service  and  a  better  understanding  of  the 
duties  of  citizenship. 

I  am  without  authority  to  declare  this  day  a  legal  holiday.  1 
feel  confident,  however,  that  the  people  will  voluntarily  comply 
with  the  suggestions  that  I  have  expressed  in  this  proclamation 


FOR  THE  YEAR  1920  525 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis 
consin  to  be  affixed.     Done  at  the  Capitol,  in 
the  City  of  Madison,  this  fifth  day  of  November, 
A.  D.  1920. 
SEAL. 

(Signed) 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor: 
MERLIN  HULL, 
Secretary  of  State. 


Fire  Prevention  Day 

To  protect  the  welfare  of  its  people  is  one  of  the  prime  func- 
tions of  government. 

In  1919  Wisconsin  suffered  a  fire  loss  of  $5,972,200,  nearly 
$500,000  a  month,  or  over  $16,590  per  day. 

That  much  wealth  in  natural  and  created  resources  has  been 
turned  into  ashes,  and  no  insurance  moneys  can  replace  these 
products  of  forests,  fields,  mines  and  human  labor. 

During  last  year  73  persons  died  and  147  were  injured  through 
fire  in  Wisconsin,  and  17,207  accidents,  226  of  them  fatal,  in 
shops,  factories,  on  railroads  and  in  other  places  of  employment 
were  reported  to  the  State  Industrial  Commission. 

The  waste  of  human  life  and  property  seriously  impedes  the 
progress  of  the  state,  and  the  welfare  of  its  people,  and  it  is  well 
that  all  seriously  consider  this  waste,  and  study  effective  means 
to  eliminate  them  as  far  as  possible. 

NOW  THEREFORE,  I,  Emanuel  L.  Philipp,  Governor  of 
the  State  of  Wisconsin,  do  hereby  designate  and  proclaim  Satur- 
day, October  9,  1920,  as 

FIRE  AND  ACCIDENT  PREVENTION  DAY 

And  I  earnestly  recommend  that  on  this  day  special  exercises 
be  held  in  all  school  and  in  other  public  meeting  places  to  call 
attention  to  the  needless  sacrifice  of  human  lives  and  waste  of 
property  and  to  effective  remedies  of  prevention. 

All  factories,  schools,  hotels  and  other  public  and  semi-public 
buildings  should  be  inspected  for  fire  and  life  hazards. 

All   property  owners   should   attend   to   defective   chimneys. 


526  PROCLAMATIONS 

stoves,  boilers,  furnaces,  smoke  pipes,  roofs,  electric  wiring  and 
the  removal  of  combustible  waste  materials. 

Municipal  authorities  should  give  constant  attention  to  better 
building  construction,  adherence  to  building  codes  and  ordi- 
nances, and  fire  protection  and  fire  prevention. 

Fire  drills  should  be  held  on  this  day  in  all  institutions,  fac- 
tories and  schools,  and  all  teachers  should  give  instruction  in 
accident  prevention. 

I  ask  that  the  public  press  carry  to  its  readers  messages  of 
greater  safety  and  care. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol,  in 
the  City  of  Madison,  this  20th  day  of  Septem- 
ber, A.  D.  1920. 
SEAL. 

(Signed) 

EMANUEL  L.  PHILIPP, 

Governor. 
By  the  Governor : 
MERLIN  HULL, 
Secretary  of  State. 


Thanksgiving  Day 

We  have  reached  that  season  of  the  year  when  our  harvest  has 
been  completed;  the  crops  have  been  gathered  and  stored,  and 
as  we  review  the  results  of  the  year 's  efforts  we  become  conscious 
of  the  fact  that  we  are  again  a  favored  people. 

The  year  Nineteen  Hundred  and  Twenty  will  go  into  history 
as  one  that  produced  abundant  crops,  not  only  in  Wisconsin  but 
throughout  the  length  and  breadth  of  our  land.  Because  of 
these  bountiful  crops  we  shall  have  a  sufficient  supply  of  food 
and  even  more ;  we  shall  have  a  large  surplus  of  the  products 
of  the  soil  that  we  can  give  to  the  peoples  of  other  lands  who 
have  been  less  fortunate  than  we. 

For  this  very  generous  bounty  that  God  by  His  will  per- 
mitted to  come  to  us,  we  should  be  truly  grateful.  Not  all  good 
things  that  come  to  us  are  of  our  own  making,  nor  are  they 
wholly  due  to  any  virtue  of  our  own.  It  is,  therefore,  fitting 
that  we  receive  these  favors  of  Providence  in  a  spirit  of  grati- 


FOE  THE  YEAR  1920  527 

tude  and  that  in  accordance  with  our  American  custom  we  set 
aside  a  day  to  render  thanks  to  Him  who  gave  it  for  the  benefits 
received  and  take  deeper  thought  upon  the  duties  which  such 
benefits  imposed  upon  us. 

Not  all  the  world  is  so  favorably  situated.  Across  the  sea 
many  people  are  still  suffering  the  pangs  of  hunger  as  a  result 
of  the  great  World  War.  That  is  particularly  true  in  the  coun- 
tries with  which  we  have  been  at  war. 

In  view  of  the  large  surplus  of  food  produced  in  our  country 
during  this  year,  let  us  be  generous  in  our  gifts  to  the  women 
and  children  and  to  the  helpless  of  all  classes  who  live*  in  the 
countries  of  Europe  that  have  been  made  barren  by  the  ravages 
of  war.  Now  that  hostilities  have  ceased  and  peace  has  been 
established,  we  Americans  can  well  afford  to  deal  with  our 
former  enemies  in  a  spirit  of  charity  and  particularly  with  those 
who  because  of  their  youth  or  age  or  other  reasons  did  not  take 
up  arms  against  us. 

We  have  passed  through  two  years  of  the  period  of  reconstruc- 
tion following  the  close  of  the  war.  It  is  a  genuine  blessing  for 
us  that  hostilities  were  not  again  renewed  and  that  we  have  been 
able  to  pass  through  this  critical  period  in  our  own  country 
without  any  serious  disturbances,  and  while  we  have  not  yet 
reached  the  point  where  we  can  say  that  pre-war  conditions  have 
been  restored,  we  have  reason  to  believe  that  we  shall  find  our 
economic  balance  before  long  and  that  good'  order  will  prevail 
for  the  balance  of  the  reconstruction  period.  It  has  in  some 
respects  been  a  critical  time;  however,  the  people  have  borne 
it  all  with  patience,  which  speaks  well  for  the  stability  of  our 
population  and  the  popularity  of  our  government  with  its  people. 

We  have  passed  through  a  great  and  important  election.  The 
will  of  the  people  has  been  honestly  recorded  and  the  minority 
has  calmly  accepted  the  result,  and  the  people  of  every  shade 
of  political  belief  seem  to  have  joined  in  the  wish  that  the  new 
administration  may  be  successful  and  that  it  will  promptly  con- 
clude treaties  of  peace  with  the  nations  with  which  we  have  been 
at  war,  and  establish  order  and  good  will  and  faith  in  the  govern- 
ment at  home. 

These  events  are  all  of  first  importance  to  our  people,  and  we 
must  not  be  ungrateful  for  God's  guidance  in  bringing  them 
about.  Therefore,  I,  Emanuel  L.  Philipp,  Governor  of  the  State 


528  PROCLAMATIONS 

of  Wisconsin,  in  conformity  with  the  proclamation  of  the  Presi- 
dent of  the  United  States  of  America,  do  hereby  designate  and 
proclaim  Thursday,  the  twenty-fifth  day  of  November 

THANKSGIVING  DAY 

and  I  recommend  that  the  people  meet  on  that  day  in  their 
accustomed  places  of  worship  and  acknowledge  their  indebted- 
ness to  God  for  the  favors  that  have  come  to  us  during  the  past 
year  and  ask  His  guidance  in  the  settlement  of  the  many  diffi- 
cult tasks  we  have  before  us. 

IN  TESTIMONY  WHEREOF,  I  have  hereunto  set  my  hand 
and  caused  the  Great  Seal  of  the  State  of  Wis- 
consin to  be  affixed.  Done  at  the  Capitol,  in 
the  City  of  Madison,  this  seventeenth  day  of 
November,  in  the  year  of  our  Lord;  one  thousand 
nine  hundred  and  twenty. 
SEAL. 

(Signed) 

EMANUEL  L.  PHILIPP 

Governor. 
By  the  Governor: 
MERLIN  HULL, 
Secretary  of  State. 


CONTENTS 
Legislative  Messages 

Messages  to  the  Regular  Session  of  1915 Pages      5  to  112 

Messages  to  the  Special   Session  of  1916 Pages  112  to  152 

Messages  to  the  Regular  Session  of  1917 Pages  153  to  233 

Messages  to  the  Special   Session  of  1918 Pages  234  to  258 

Messages  to  the  Regular  Session  of  1919 Pages  258  to  390 

Messages  to  the  Special    Session  of  1919 Pages  391  to  395 

Messages  to  the  Special    Session  of  1920 Pages  396  to  413 

Proclamations 

For  the  Year  1915 Pages  417  to  427 

For  the  Year  1916 Pages  427  to  437 

For  the  Year  1917 Pages  437  to  459 

For  the  Year  1918 Pages  459  to  490 

For  the  Year  1919 Pages  491  to  515 

For  the  Year  1920 Pages  515  to  527 


TK 

90S* 


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UNIVERSITY  OF  CALIFORNIA 
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